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  • SDdesi
    07-10 06:40 PM
    --H1-B Case History--

    (2) passport coming to expiration on March, 2009


    You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)

    Always, discuss with an immigration lawyer first.





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  • ilanbenatar
    04-25 11:29 AM
    Hi "Domino",

    I read your question and was wandering what path did you choose.
    I am currently under the same process and conflicted on weather to apply for an O-1 or an EB1-EA green card.

    I am a film editor and my case is not a very strong one so I'm contemplating the pro's and con's of both options.

    It will be great if you could tell me about your experience.

    Thanks,
    Ilan





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  • Green.Tech
    04-08 03:45 PM
    Hi,
    How many EB3 cases with PD before Dec 01 pending.
    My PD is Oct 21st, 01, EB3 (India)

    485 Filed in Jun'07, No LUD's since Aug'07

    Too many... :)





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  • gcwanter
    06-27 08:45 AM
    So should i write N/A for a pending 140?



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  • Lasantha
    07-31 07:28 AM
    For evaluations try Sheila Danzig at http://www.thedegreepeople.com/

    From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.

    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • avi101
    06-29 03:41 PM
    Labor and I140 (except NIW cases) are applied through employer and is employer centric (unforunately) and they have every right not to give it to you. The lawyers won't give it to you either as they can be sued by company for doing that (based on what a well known lawyer told me).

    Your best bet is to petition through Freedom of Information Act (google or check immigrationportal forums for more info) for these things and you can get a copy from USCIS. People seem to have done this successfully. However, this takes time.





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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris



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  • MSCapBust
    07-19 12:02 PM
    I'm doing an internship on CPT.
    I will be out of school at the end of August.





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  • WaldenPond
    06-30 05:45 PM
    Hello baleraosreedhar,

    FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.

    For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
    I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).

    There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.

    If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.

    Just my 2 cents. Hope this is useful.

    WaldenPond




    Hi Gurus,

    I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

    My company has filed for my I140 and it got approved.

    I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

    I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

    I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

    Thanks



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  • chanduv23
    11-19 03:36 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?





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  • bearstory
    05-24 12:43 AM
    Thank you everyone!
    We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?



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  • GCard_Dream
    04-05 04:37 PM
    That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

    I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.

    I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
    Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
    I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.





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  • sxk
    11-19 02:12 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?


    Please advice!



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  • addsf345
    11-13 03:12 PM
    Is tehre is any way for PREMIUM PROCESSING for I485 pending case?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:

    do a Ph.D. to qualify for EB-1; ask your employer to look in to EB-5 category if he is willing to invest some amount for you;marry a spouse not born in india, china, mexico, philipines or marry a spouse born in US. I don't know any other way.:D:D





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  • Macaca
    03-28 04:27 PM
    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.



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  • gemini23
    07-02 03:07 PM
    the reference to mexicans here is defnintely uncalled for and has racist odor. You could have used "illegal immegrant" as they can be from any country in the world. I would expect a little maturity and humbleness from a senior member. my word of advice..dont be frustrated...this gc game needs lot more patience.


    Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
    Plain reading is injurious to health and community.
    I repeat "please step aside".





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  • fromnaija
    10-09 03:48 PM
    I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?

    Print the picture and then scan it to the required resolution.





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  • kgwithnogc
    05-08 09:59 AM
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    gusmig
    04-26 11:19 AM
    Dear Sabeesh,

    Although I'm not a lawyer, I will respond based on my knowledge and my own case.

    1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.

    2) You will only be able to enter the US with the latest visa stamped on your passport.

    3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.

    Regards.