Monday, June 13, 2011

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  • veni001
    09-07 11:25 AM
    Hi All,

    Friends, I have few questions regarding EB2 category and need your help & advice.

    What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.

    Thanks in advance for your time.

    Regards,
    javans.

    Employment-Based Immigration: Second Preference EB-2
    USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
    :D




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  • lskreddy
    03-12 04:34 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    Would anyone know if there is a third valid case for H1 extension i.e.

    LC approved, I140 pending (just a month) but LC is less than 365 days old?

    My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?




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  • ramaonline
    03-23 06:11 PM
    Income from websites is usually considered as passive investment (something similar to investing in stocks etc) This is legally allowed on H1B
    You must report all income earned while filing ur taxes

    Please confirm with an immig attorney




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  • sprash
    02-04 04:52 PM
    I was in a similar situation and included 2 prepaid overnight envelopes (which btw, they have mentioned in their instructions). They probably tossed them in the bin and chose to send them by untrackable usps mail which took over a week to arrive. Very very aggravating! :mad:



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  • chi_shark
    05-07 11:14 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?




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  • add78
    03-12 10:48 AM
    Sandeep is a batch mate.. Yeaaa Sandeep !!

    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!



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  • andy garcia
    02-08 09:01 AM
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.

    Macaca:
    These are the descriptions for L visas.
    L-1A/L-1B.

    An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition, in an executive, managerial or specialized knowledge capacity.

    An L-1B is an alien coming temporarily to perform services that entail specialized knowledge .......

    All it takes is a greedy lawyer to get them.:mad:




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  • onemorecame
    03-06 02:41 PM
    What are the document are required while travelling on AP?
    Please let me know what kind of question they ask at POE?

    All other kind of information will help me prepare in advance

    Thanks



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  • smuggymba
    11-22 07:22 PM
    have a US visa stamped and has not expired, they will not let you board a plane to UK.

    If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

    I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)

    do we need a UK visa even if we have a valid stamped US passport?




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  • gk_2000
    04-28 04:00 PM
    I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.

    +1

    Though I am older and married, I am considering the same



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  • god_bless_you
    07-10 09:04 AM
    AJ,

    Thanks for the offer. I am not sure if I have permission to shoot any thing on a federal govt agency premises, but will do my best. My sources tell me that some main stream media will cover it. For us to be able to make a good impact, we need to have people there.
    As USCIS announced about forwarding Flowers to Hospitals , some one can go to those hospitals and cover that.




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  • belmontboy
    02-15 01:29 PM
    If each state in India were a country

    There would have been no backlog.

    dude people are fighting EB2 Vs Eb3 war.
    Why do u want to ignite one state Vs another state war now??
    Don't u have better to do with your spare time?

    Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!



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  • immilaw
    12-14 11:28 AM
    Here is the satement of Senator Salzar on ICE Action and the Need for CIR

    http://salazar.senate.gov/news/releases/061212immg.htm




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  • sledge_hammer
    09-26 10:15 AM
    How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

    Why don't you search the forum for answers and if none is available then post a new thread...

    Can the experts please reply to my question? Thanks,



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  • piyu7444
    04-03 02:51 AM
    I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
    I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.

    The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.

    Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.




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  • peer123
    07-18 07:57 PM
    and researched by Pappu himself. Check the archives in the last 30 days.

    bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.

    Thanks for your input... any other thoughts on this topic



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  • bmeduru11
    11-09 01:50 PM
    Can you tell me ur category (EB2 or EB3) and RFE received date?

    EB2 with Nov'04 priority date




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  • sertasheep
    04-11 04:38 PM
    Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering


    Ragz,

    I'm working with the WA state moderator(Raj). I'd be glad to help you in anyway I can. you will have my contact details in my profile.

    Regards




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  • rajuram
    02-15 11:17 PM
    Lucky you�you can make plans like these. Most folks visiting this site are stuck in retrogression. Most will be willing to do AOS or Consular Processing, even if it means going to US Consulate on the north pole, if only it were to be allowed....Best of luck, hope you have fun making this choice

    260 views and not even one single opinion?




    fromnaija
    07-23 12:45 AM
    CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.

    yes we already have an attorney in US

    i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

    what is the solution then?

    does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?




    reddog
    01-23 12:15 PM
    As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.

    You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.

    Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.

    PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.



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