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  • don840
    04-08 02:30 PM
    wandmaker,
    need another clarification.
    on DS 156, Q 38- "Have you ever violated the terms of a U.S. visa,----?", Do I answer yes or no. There is another question, about 'has your visa ever been revoked?"
    An attorney that i consulted, said the answer is 'No' to both these questions. His explaination was, I might have violated terms of h1 status and my h1 status has been revoked. But I have not violated terms of visa, and my visa (thats stamped in the passport) has not been revoked.
    Is his explaination correct?





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  • indyanguy
    11-14 10:16 AM
    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?

    Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

    Hope this helps.





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  • Green_Always
    09-22 10:18 PM
    Any News about how is Real Estate Prices / Home Prices in Indian Metros now ?

    Will we see problems over there ? or Problem is already there ? Look forward to hear some views in this regard.





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  • lazycis
    10-06 01:22 PM
    The law says (8 USC 1154):
    "(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."



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  • tp976
    04-30 03:40 PM
    mrsr,

    were you able to interfile? im looking for people who have been successful in doing this

    i have a PD OCT 03 ( EB3) and july 06 (EB2), both cases I-140 approved. Just wondering its worthwhile doing it.





    I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140

    Thanks..

    I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140

    Thanks..

    any idea

    please guys

    is anybody there

    is any body there





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  • learning01
    05-24 02:28 PM
    I think Quinn Gillespie will also opine on that and IV can take it from there.

    Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like http://www.prweb.com/

    They are free and if you pay some fee (I think $80), news will go to many popular news portals.

    This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.



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  • singhsa3
    06-01 08:31 PM
    My apologies, I thought your were talking about H1 Labor
    It will be great if someone can send me any reference to confirm that it is illegal..





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  • conundrum
    03-28 10:01 AM
    Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D

    Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.



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  • dakajo
    07-17 02:26 PM
    My attorney filed my I-485 on July 5th despite the July Visa Bulletin Update. We filed it together with the work permit piece, but not the AP one. The legal assistant told me that we must have an I-485 receipt notice on hand before we are able to submit the application for an AP. Is that correct? The reason I ask is that, in the event USCIS decides to accept July-filed I-485 applications, I wanted to take advantage of the lower filing fee before July 30th. Please advise!





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  • som_yad
    08-15 05:12 PM
    Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?



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  • nashim
    08-15 08:50 AM
    It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.





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  • peer123
    04-04 04:54 AM
    ,,,,, others please weigh in



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  • laststraw
    11-09 05:47 PM
    I just went through PERM and I140, both of them approved without audit/RFE, where the requirement was Masters + 10 years experience. The job role required this. The requirement should match the job role and what the company would do if they are hiring a new person for the job.

    And I believe someone had asked whether you have 7 years experience after obtaining masters. That is not required. In my case I had only 4 years experience after masters, but more than 12 years total. The job requirement stated that Masters + 10 years and not Masters + 10 years after masters.

    Hope this helps.





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  • mpadapa
    08-15 02:28 PM
    give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:

    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.



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  • pamposh
    10-26 08:34 AM
    Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

    I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.





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  • black_logs
    05-11 10:43 AM
    We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.

    Could some one post the Venue and time? (I guess it is dinner meet)

    Thanks



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  • ghost
    09-22 06:06 PM
    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.

    even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?

    Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?

    TIA





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  • crystal
    10-12 08:35 PM
    Is it posted erlier? They updated with some more info today

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD





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  • Jaime
    02-02 12:47 AM
    Guys:

    Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:

    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS

    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
    `ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
    `(2) has at all times been a person of good moral character;
    `(3) has never been convicted of a criminal offense in the United States;
    `(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
    `(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
    `(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
    `(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
    `(c) Admissible as Immigrant-
    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
    `(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
    `(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
    `(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
    `(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
    `Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

    ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)

    Link

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    Gurus, any comments? Wouldn't this be great??

    Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

    Any thoughts???





    pmb76
    03-25 04:49 AM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !





    gc2
    09-23 11:11 AM
    i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

    thanks