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  • bslraju
    09-13 05:48 PM
    Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
    Changed employer using EAD in 08.
    Current company is doing porting to EB2.
    Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
    it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)

    thus its equivalent to US bachelors degree.
    So my employer (big 17k employees) decided to file based on my exp.

    Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
    in the field or in a related area."

    Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..





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  • gg_ny
    09-20 05:24 PM
    Or try emailing or calling them from here. It helped me a bit.


    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.

    cheers





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  • Jaime
    06-08 09:36 PM
    The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"

    http://news.bbc.co.uk/2/hi/business/8086392.stm





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  • meridiani.planum
    03-13 08:39 PM
    Hi All,

    I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.

    This is the matter that I have in my Graduate Status letter.

    "This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"

    Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.

    Please help me what to do with this situation and having letter from the university.

    no. until you complete all the requirements technicaly you have not completed your masters and cant use the masters quota.



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  • chvs2000@yahoo.com
    08-17 12:23 AM
    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.





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  • pbojja
    06-25 02:14 PM
    I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?



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  • WeShallOvercome
    09-07 02:42 PM
    As I understand, your GC application is based on your husband's I-140.
    Does your husband work for a different employer or the same employer as yours?

    If different, you can kick your employer's A$$ and they can't do a thing.

    If same, they may be blackmailing you because your husband's GC depends on them for some time - 3 more months.

    If it is the second case, why don't you just work on H1 for the next 3 months and then do whatever you want..

    BTW, he can not do any damage to you or your pending GC in any way by cancelling your H1.. Doing it will put them in bad light for wasting a precious H1 visa by misrepresenting the facts..





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  • reddymjm
    02-23 04:58 PM
    I have same issue for the last and last but one items.



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  • gonecrazyonh4
    07-20 02:49 PM
    Thanks to all who responded.





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  • arnet
    09-20 03:49 PM
    for link:

    create your application and fill DS-156/157 etc and you should see the appt calendar page. on rightside of this page, it usually shows link for emergency appt. but they change the vfs site often. send email to vfs, check contact us page and they will help you out to find this link.

    for appt:

    you can try checking everyday VFS site, some people cancel their appt before 10 or 15 days and you can get it but for chennai it is little difficult because people book it immediately. try vfs-monitor.com, which alerts through email or sound when your dates are available but i think you need to pay for this.

    but there are dates available in delhi/kolkatta and other consulates, you can consider flying a day before and get it done. flight fares from chennai to delhi/mumbai/kolkata are cheaper costs you 5000 rupees per person for roundtrip (which is $100 per person), hotels are cheaper, check makemytrip.com or rediff for flight/hotel fares.

    Disclaimer: I'm not an immigration attroney, please check with one for your situation as laws/procedures are changing often.



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  • Britsabroad
    February 27th, 2004, 08:43 AM
    Good idea Lecter. A bit like remembering to tell your wife how she looks (caution advised) I have no problem with posting comments. I absolutely love to stare at the beautiful images on this site. From my novice perspective, they are just about all in the impressive to brilliant range. I get a lot of inspiration & ideas from you guys. The webmasters stunning sports & concert photography. Paul Popes absolutely knock out, whatever he does stuff. Don & Pressmans outstanding digital darkroom magic (Pressmans Exmoor phots are out of this world) Lecters I WANT TO BE THERE RIGHT NOW! phots. Bob Gleasons super sports images & across the board versatility. I particularly take note of Bobs stuff because I know he hasn't been shooting that long, so his learning curve has been pretty meteoric.

    By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)

    "They can because they think they can"





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  • abhay
    05-04 01:01 PM
    Yes it is possible to apply for H1b, it will be a new H1B. You will have to go outof the country and enter using H1 to readjust your VISA status



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  • MLS
    06-19 12:37 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.

    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.





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  • transpass
    08-02 06:00 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.

    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...



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  • gdilla
    02-28 12:14 PM
    One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.

    Please see the link for additional information:

    http://www.immigrationportal.com/showthread.php?t=196367&page=54

    But does it have to be strictly in the same category, namely some kind of electrical engineer?





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  • irrational
    10-06 04:21 PM
    We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

    PD: Feb 14, 2005.

    I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

    Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

    Please help! :(



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  • bellapv
    08-05 01:34 PM
    Well, I checked on USCIS site and previous editions are accepted. :)

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • RamBihari
    02-16 03:59 PM
    If each state in India were a country

    There would have been no backlog.

    Disagree. Andhra Pradesh would still have a long backlog.





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  • gsc999
    07-11 01:34 AM
    Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.

    We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
    This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.





    Adam
    08-19 11:01 PM
    I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:





    nixstor
    09-07 12:18 PM
    guys, the OP clearly mentioned that it was off topic but most of us doesnt agree with what he thinks is good for him. Lets not get into the nitty gritty of pretending or being american or what ever. The more you practice accent or try to put accent into your language the more artificial it will appear. Thats what I have seen and felt. Any way, lets stop feeding the thread as this is outrightly irrelevant.