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  • dwhuser
    06-15 08:40 PM
    This is my openion.

    POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.

    What is a EVL letter ?





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  • senram
    01-21 05:26 PM
    But it works little bit different. The green card process is not purely based on merrit. But college admission is based on merrit in USA. But green card
    process is done by the requirement and eligiblity. For example for an Engineer position the requirement is BE and 5 years of experience and they are
    selecting based on Experience. Similarly for QA or Analyst position the requirement is similar but they do not need Aptitude similar to Hardcore Engineer position. So in
    this case after labor is cleared everyone of them is needed for USA irespective of which country he belongs to. So because of Country quota USA or US companies were not all
    impacted. But because of overcrowding of Indians and Chinese are impacted. Best way to say is because of country some one is cutting the line in the queue. But skill wise
    every one who cleared labor are eqully important based on the requirements. So quality of persons selected were not impacted by country quota. But it is discriminatory. But
    this kind of discrimination is in most or all of the countries in the world. Can anyone fight reservation in India and win? Atleast here we have provision to fight by advocacy
    and lobbying whether winning or not. But in our own country we cannot do anything about discrimination.

    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!





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  • uslegals
    11-12 08:59 AM
    thanks desertfox ! i I did apply before July 30, 2007 (recd. date for 485 is 7/17/07) which means that i do have to pay the fees for AP. I will go ahead and apply online.

    Enjoy the weekend!





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  • senthil1
    03-28 03:08 PM
    A small amendment for this bill could make everyone including high skilled and low skilled happy.

    Have arrived here at the age of 75 or under;
    Delete the section Serve in the military or attend college for at least two years

    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.



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  • perm2gc
    11-10 10:54 AM
    USCIS sends out three copies of the approval notice Form I797 A: Sent to the attorney on record, Form I797 B sent to the Petitioner and Form I797C sent to the beneficiary. Check the lower right hand corner of the notice you received for the form number. The B and C versions are courtesy copies. That is why if you look at the "documents needed" section for stamping of H1B in any of the Consulates or VFS sites they typically mention "original Form I797A"

    Hope this helps.
    Thks for the Info..I am aware only I-797 has two parts..





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  • glus
    11-06 02:34 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.



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  • GCFROMOHIO
    04-09 10:11 PM
    Hi,
    I am also on my 9th year of extension and Recently I changed jobs ( from fortune 500 to another fortune 500) and the new company suggested to have my 9th+ years H1 extension and have applied for the same. I just received the approval yesterday with in 30 days. The only reason I moved is so that I can refile in EB2, I have Masters+MBA prior to my old Labor, but couldn't apply as the old company job descriptions did not support it. With recent changes in I140 premium eligibility criteria, any one with H1 of 6years or more eligible for it and so you might want to extend your H1 and use Advance Parole to travel if you are thinking of any portability to EB2 in future.

    Refer to the article on Murthy.com for the new I140 premium eligibility changes
    http://www.murthy.com/news/n_140ppe.html

    Thanks





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  • gene77
    08-20 02:26 PM
    I'm a Jul 02 filer and I received the 485 and 765 notices recently.

    However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?

    Thanks..



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  • chapsi29
    09-15 10:51 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.





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  • RNGC
    07-07 11:37 AM
    ^



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  • GCBy3000
    07-26 04:07 PM
    Where are the new members? what do you want ? Do you want GC to contribute? WHy dont you sign up for minimum recurring contribution?





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  • bluekayal
    10-22 12:25 PM
    ^^^bump ^^^^bump



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  • amitjoey
    07-20 02:04 PM
    If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.

    That is a good question, do not know what you would have to do in that situation.





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  • samrat_bhargava_vihari
    02-12 09:58 AM
    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.

    .... may not be because you have a law for this change until this option is discused I hope this is possible.



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  • theconfused
    04-02 06:39 AM
    1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.

    2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.

    3) Don't lie on visa application i.e. Form DS-160.

    4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.

    5) Case Status Report on the embassy website may or may not hold the updated information.

    6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.





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  • ujjvalkoul
    01-30 06:04 PM
    in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....

    We are looking at a big mess folks...

    -----------------------------------------------------------------
    Comment: Commenters said that this provision would be unduly
    burdensome for many individuals who have lawful status for extended
    periods of time, such as F and J visa holders, and specifically
    expressed concern that the rule is eliminating a long-standing
    provision for J-1 participants, who, under State Department
    regulations, are entitled to a thirty-day grace period after completion
    of their programs to travel within the United States One of these
    commenters suggested that States be allowed to use the end dates listed
    on the certificates of eligibility for each of these visa types as the
    ``ending date'' of status for the purpose of obtaining a driver's
    license.
    Response: Again, the determination for lawful status in the United
    States will be made by the SAVE system, not particular documents. SAVE
    takes into account the grace periods to which those in certain F and J
    statuses are generally entitled. It should be noted, however, that
    since F and J non-immigrants are admitted for ``duration of status,''
    which is an indeterminate period, they would normally be issued
    licenses valid for one year.



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  • sumansk
    11-29 11:22 AM
    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks





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  • gainedi
    06-03 09:58 AM
    Is there anyone who has got a denial/rejection for filing 485 before 120 days?





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  • cygent
    11-26 08:15 PM
    Thanks Everyone,

    To the person who gave me red with the comment "post the valid reason." That was not necessary, you could have just sent me a message.

    Anyhow, the reason is that the company I trusted & toiled for past 8 years is down the tubes, after having faced years of lies, deceit & false promises. I know it's all my fault for being so trusting, so now I am trying to forget that pain & treatment & just progress moving forward.

    So from what I gather, I can apply for a H1-B now, but it will be only for 1 year? I want to do a "new" H1 instead of a "transfer", since the company finances are a BIG ZERO or -VE, so I have no paystubs to show. And then eventually I want to file new GC with this new company.





    SGP
    12-09 02:25 PM
    I don't know who is worse the democrats or the republicans ...

    I am sorry to say but, they are all the same. Choose which do you want to go with "Devil" OR "Deep Sea". Marna to tumhe hai hi :(





    geesee
    07-17 07:28 PM
    IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!

    BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?

    His comments from the bulletin sounds so honest


    �The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�

    Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...

    Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.



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