Saturday, June 18, 2011

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  • eb3_nepa
    08-16 04:36 AM
    Hi Guys,

    I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.

    Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.

    Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.

    Thanks.




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  • ArkBird
    07-09 04:22 PM
    I think your asylum status is triggering red light. VO has all the reasons to believe that your family may also apply for asylum once they are in USA because you did even with strong family ties in home country.


    Hope this helps.

    ArkBird

    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!




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  • srikanthmavurapu
    08-16 04:03 PM
    It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

    If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.

    In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
    I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
    Thanks,
    Srikanth




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  • brick2006
    04-21 03:44 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    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:


    BTW are you from IT BHU?



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  • GoneSouth
    09-03 03:06 PM
    Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).




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  • sumansk
    07-16 01:10 PM
    Thanks for the update..But the 'bueatifulmind' cannot 'waitendless':D



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  • invincibleasian
    02-10 05:27 PM
    I hope they dont flood the US from UK now. Then we will have more retrogression!




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  • sai
    04-18 10:21 AM
    Its accurate:
    AILA site also shows the same
    http://www.aila.org/content/default.aspx?docid=19127



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  • txh1b
    08-18 05:11 PM
    If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.


    Totally wrong. If the H1b was a COS, there has been a status violation by all means!




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  • benbear
    11-09 09:07 AM
    It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.

    So,from , EB receipt in Sept vs. receipt in Oct = 2:1

    150k in Sept. include both EB(100K) and FB (50K).
    (Note: assume received FB every month 50K. 50K is a reasonable assumption,
    otherwise it's no way for USCIS to approve 800K AOS a year.)

    Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.

    Out of the 655k total, the key is lead time for FB approval, how many month?
    This is the key! If we assume average FB approval takes 6 month,
    then EB out of the 655k is 655K-50Kx6=355K.

    Add the 50K EB in Oct. Total EB backlog is 405K.

    Still the key is average FB approval time, any gurus has any idea.
    I am sure the time is not 12 month. If it's 12 month,
    then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!

    That same link you gave tells us that 655k is pending/back-log for AOS....



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  • usirit
    11-21 10:52 PM
    Unless their is a backdoor... If I decide to switch to my new employer and transfer my GC & H1B, it will be done again as an EB-3... I have 10+ years of experience and an Associate Degree... last year tried to obtain a Bachelor of Science in Business of Information Systems (BSBIS) but my actual employer stop funding so... I had to stop. :mad: New employer's attorney confirmed this.

    An EB-2:
    > Is a member of the professions holding advanced degrees or their equivalent; or
    > Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

    An EB-3:
    Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.

    Meridiani.planum: Thank you for your detailed description.
    Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.

    Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.




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  • belmontboy
    04-10 06:56 PM
    There should be tighter provisions against multiple applications [via multiple employers]. it prone to abuse - as a way to increase chances of lottery [as it happened this yr].

    There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.

    Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!



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  • lostinbeta
    05-27 05:04 PM
    Soul gets my vote, that site could cause epileptic seizures.




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  • enggr
    11-21 01:42 PM
    Hello enggr,

    I might have the same problem.
    where you able to convert to EB3?
    Please let me know.

    Thanks,
    SG


    Sareesh,
    I just filed the RFE response this week. Will take a few days to know the result. One attorney said it will take 6 months. Some said 1 month. I'm keeping my fingers crossed. Will let you know the result



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  • saileshdude
    07-21 06:41 PM
    In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
    Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.




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  • styrum
    02-25 02:39 PM
    Literally this means that by now they have processed only those applications, for which priority dates are current and they had been filed before April 2007. But they are outright lying! I personally know a EB3 guy who filed 140 premium and 485 in May 2007 and got GC before the July fiasco.
    Who beleives that since the last June frenzie (66000 approvals in one month so that they "have used" all the quota for 2007) and 7 months after that they didn't process anything beyond April? I don't!

    You see, it means the haven't been processing any applications since at least June 2007! :mad:
    Yes, even with priority dates current we are now stuck in the "processing backlog" which they expect to clear by the end of 2010 according to our "friend" USCIS Gonzales, because "there were too many applications filed in June-August", See? it's all our fault again.



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  • snathan
    08-30 08:29 PM
    Hi,

    There are 2 processing centers - Atlanta and Chicago...but all the audited cases can be processed only at Atlanta, i.e chicago audited cases will be transferred to Atlanta....

    I believe there is only one processing center for PERM now. Only Atlanta is doing the PERM processing. All cases are trasfered to atlanta from chicago. Thats what I heared from Ron Gocher.

    Thanks




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  • mrajatish
    08-15 09:30 AM
    The answer to your question: It depends on your situation.

    If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.

    If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?




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  • desigirl
    12-02 10:12 AM
    As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.

    Not sure who the letter needs to be addressed to, any suggestions would be helpful.




    pou-pou
    06-11 08:44 PM
    wow :D I have done good here :D :lol:

    well, the guy with the green swan stamp should win though :love:




    immiguy
    07-20 04:47 PM
    If your friend maintains H status, she could bring her baby back on H4 visa.
    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?



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