Monday, June 13, 2011

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  • ajay
    12-23 08:34 PM
    I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.

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  • insbaby
    01-11 12:39 PM
    I am thinking my "living the american dream" will be a dream only.

    True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.

    If you get it by 25, you have some years to go hit something for your life.

    I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.

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  • prince_waiting
    04-11 02:39 PM
    Following conditions doesnt warrant a transit visa for Indian citizens:

    *you don,t need a transit visa if you have one of the following * *US* * residence permits:*

    * I-551 Permanent Resident Card (2 or 10 years validity)/ I-551
    Alien Registration Receipt Card (2 or 10 years or unlimited validity)
    * I-327 Reentry Document (2 years validity, issued to I-551 holders)
    * Resident Alien Card (2 or 10 years validity, only sufficient if
    the stay abroad does not exceed 1 year)
    * Permit to Reenter (2 years validity, only sufficient if the stay
    abroad does not exceed 2 years)
    * Valid Temporary Residence Stamp (1 year validity)
    * A valid visa or resident permit for the U.S
    * Advance parole
    * Approval notice

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  • frostrated
    10-26 02:07 PM
    EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.


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  • omiboy
    09-24 11:09 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?



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  • partha_vus
    09-28 09:00 AM
    1. You can negotiate with him and pay and leave.
    2. when you are on benach if he is not paid you the salary you can also sue him/threat him.

    Again if you have a good relations ship then you can negotiate with your employer. Always leave with good terms.:)


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  • STAmisha
    11-17 12:51 PM
    My lawyer thinks they have not even started looking at TR applications.
    He told me that he will file RIR conversion. What exactly is the procedure?

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  • USDream2Dust
    06-14 04:24 PM
    Hey Nixstor,

    I have already started looking and yes I agree. I would not hurry up things. I would take my time and get something good regardless my company pays or not.

    Also I am going to do an official contract with my company and they would be paying utilities like internet and others separately. They would also add work insurance to it. It could be possible that another 2 people apart from me would work at my home office. Are you sure that it is not taxable if I get money from my employer as rent?

    Any way thanks. I really appreciate all your responses. Market is bad and NJ is terrible for house. I am getting old houses for 500k and prices are not reducing any time. I have been watching it for 5 months now.


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  • cherish37
    10-24 03:03 PM
    Hi sreedhar,
    I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
    Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.

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  • ivgclive
    04-25 10:53 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

    What would the employer gain by applying H1B if only 3 months left?


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  • PresidentO
    02-07 01:19 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.

    She cannot get a H1 filed on Mar 31st and start working.

    She has to do

    Long term plan

    (1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate ( for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.

    Short term plan

    (2) File for Type 1 Certificate. (

    I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.

    Both these will take alteast 3+ months to be processed and issued

    Official transcripts/marksheets sent directly from the institution for ALL higher education.

    If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly

    Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.

    Hope the information overload is enough!

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  • arunkotte
    02-14 04:14 PM
    MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.


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  • narendra_modi
    03-04 03:45 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing take us all to "" or" ? (eg. takes you to In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..


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  • gcisadawg
    02-24 10:42 AM
    He is the best player in cricket history. I admire his passion and dedication about cricket.
    Congratulations to all cricket lovers...

    We will remember this record all our life ...

    He has a great array of batting records...

    Some I can think of are..

    Second highest number of ODIs ( 2 more to equal S.Jayasuria)
    Second highest number of tests ( 2 more to equal S.Waugh)
    Most runs in ODIs, Tests.
    Highest individual score in ODI.
    Most number of centuries in ODI, Tests
    Most number of 50s in ODIs.

    The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!

    Congratulations, Sachin!


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  • prdgl
    02-13 10:05 PM
    Thanks a lot. This is more in depth and I am not understood how these things work.

    So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.

    So is the combination,

    JobZone 5 with an SVP 7 will work for MS+0.

    Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?

    Anybody know about these things ? please drop in your thoughts


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  • ajkastar
    07-27 01:32 PM

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.
    Thank you!

    Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.


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  • gc_on_demand
    07-14 10:04 AM
    I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.

    As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?

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  • vinki
    10-27 12:54 PM
    Hi !
    I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:

    Thank you in advance....


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  • newbie2020
    05-18 08:18 PM
    For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.

    One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......

    If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application

    It is always better to consult a Good immigration lawyer for Professional Advise.

    06-11 01:20 PM
    [QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.

    One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.

    07-16 10:47 AM
    Here is the full article.

    U.S. to Reverse
    Some Denials
    Of Work Visas
    July 16, 2007; Page A2

    Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

    Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.

    Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.

    People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.

    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.

    The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.

    July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.

    Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.

    July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.

    The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.

    The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.

    Write to Miriam Jordan at

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