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  • pappu
    02-10 01:18 PM
    Check the job requirement for your position. What is the qualification needed for your position?
    That will answer you.




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  • paskal
    12-22 10:16 PM
    Mark you calenders/palms/outlooks etc

    AND

    watch this space for details on calling in

    AND

    let us all know if you can attend

    Thanks!




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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date




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  • amitkhare77
    08-26 03:04 PM
    Is this true? I think once you start using EAD your H status is imiidiately invalid. she needs to go out of the country and get the H1B stamped in order to work on H1b.

    She can always have the H1 in her back pocket for back up



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  • joydiptac
    04-21 02:44 PM
    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..
    Yes but why?
    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
    No. H1 has to be refiled.
    b.) Can i file for H4 on my own..is it complicated?
    Yes and Not complicated (I haven't done this but I have seen the application).

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current
    I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.

    thank you!

    BTW are you from IT BHU?




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  • GC_SUCK
    11-02 11:03 AM
    As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.

    Plz. correct if I am wrong.

    My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.



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  • munnu77
    04-15 03:21 PM
    Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
    if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
    Contact an attorney, i am sure there is a way out.




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  • HV000
    08-11 09:21 AM
    The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.


    Full press release:


    http://www.whitehouse.gov/news/releases/2007/08/20070810.html

    They have not given a timeline for this reform. Hopefully they will a timeline for processing the cases.



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  • Jeff Wheeler
    11-27 04:36 AM
    Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.

    AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.


    btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?

    ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.

    I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.




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  • sam2006
    01-21 04:59 PM
    I have contacted TAMU ( texas A M)
    USC ( univ of south cali )
    Penn State

    through some of my friends

    keep posted



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  • ksrk
    12-10 04:36 PM
    Just EB1 through EB3 adds to 149579.
    Wonder how this tallies with numbers discussed especially during Aug and Sept. 2008...




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  • nk2006
    12-07 02:40 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)



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  • pamposh
    10-05 08:12 AM
    Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.


    Nothing makes sense.

    Thanks
    Senthil

    Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:




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  • fromnaija
    07-20 05:32 PM
    Thank you!

    http://www.insvisa.com/faq/department_state.htm#15

    not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa



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  • bigboy007
    04-09 03:07 PM
    I think too that you in ok shape , I dont see a reason why ppl are against Labor certs not that i have one its legal at time. as Karthik mentioned good to keep all paychecks.

    I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.




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  • akilaakka
    10-05 12:44 PM
    If the information he said to me is true.

    He is from India.

    EB 2 NIW. Filed concurently in Sep 2005. Got his card and his wife's approved few weeks ago



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  • Ramba
    12-23 04:11 PM
    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?


    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.




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  • trs80
    01-10 03:56 PM
    Without a MS will be difficult to qualify for a EB2 position without a BS is imposible!

    You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?

    My company submited my PERM application for a EB2 position on december and I still waiting.

    I copy your signature:)

    Buena Suerte!

    EB2, From: Dominican Republic. Residence: Puerto Rico
    LC PERM - Atlanta PD: 12/2007: "In Process"




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  • prem_goel
    02-04 04:12 PM
    Attorney's please advise. My sister has an active job offer where we would like to explore this opportunity if any of you can help us in handling it. I need to know if this is possible under the law and if you can help us? Please reply and I'll contact your office.


    Much thanks in advance.




    hebbar77
    09-20 10:03 PM
    Atleast we see the green card at a distant horizon. People who want to start with PERM now are told by a lawyer that it might take a year for PERM alone, and upto 8 years before they see the CARRRRRD.

    I just got my EAD. I will assume its my GC.




    Joozz
    09-21 09:50 AM
    Or may be the fact that they gave me new visa in the embassy means that everything fine with that extension?



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