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  • Asian
    08-22 01:02 PM
    I think it still helps. Skil bill is the best bet and method we got so far. However, it seems to me we are underestimating it. We need to put more concentrated and focused effort on it.

    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?





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  • bala50
    02-18 10:32 AM
    And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.

    But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
    Fear of recession may also reduce new H1B visa demand.





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  • godbless
    07-20 06:03 PM
    Do we need to send the original i 140 or just copy of I 140 is fine ? I mean do we need to send original I 140 to USCIS at any point in the 485 filling?





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  • amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.



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  • JA1HIND
    01-17 01:43 PM
    Sick & tired of this VSC processing time frames, I hope they know what they are doing?

    Applied for my H1/H4 (8th year) extension on October 22, 2007 and no approval as of today..not sure how long its going to take in order to approve these H1/H4 extension....my last approved H1 will expire in March 1st week of 2008. (still waiting for 140 approval at TSC).. Drama part-2 starts when ever 140 gets approved and applying for another extension .. oh lord!!

    Not sure if VSC is trying to meet processing time frames for these visa extension applications with applicants Date of Birth....:D (I am sure that's what they are trying to do with cases filed in EB2 for 140/485)

    oh god!! please give us energy & patience to deal with this processing centers!!





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  • whitecollarslave
    01-28 01:30 PM
    I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.

    Thanks!



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  • meridiani.planum
    07-09 01:08 AM
    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?

    Until you have the approval letter in the mail from USCIS or the physical card, they should be able to accept the EAD, as far as they are concerned its still a valid work document (all that has changed is an online status right).

    Otherwise just wait a couple of weeks, you will hopefully have the GC in hand.





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  • abhay
    01-03 11:13 AM
    Yea, Dont let those european countries charge you for few hours of airport stay, They are taking advantage of people in the name of 9/11. I travelled via Middle east from DC, travel is shorter by 2 hours



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  • nvmurali
    06-02 04:20 PM
    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.

    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali





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  • STAmisha
    08-13 08:58 PM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.



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  • digmetalq
    04-15 02:14 AM
    Cathay Pacific I'am sure, because the last time i travelled from SFO to Mumbai and back to SFO, mothers were holding their babies trying to pacify their babies, it was like all the babies were crying in symphony one after another, not a single passenger complaining, better than any other airline, if you have a family of children and elderly, I also got up to strech my legs, not one flight attendant came and asked me to seat at my designated space. you feel like home. That is my experience.





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  • rajuram
    01-10 02:04 AM
    When will USCIS process my 485 case? - this sounds familiar, I have asking this question for the last seven years, are we not all asking this......



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  • msgoud
    03-09 11:30 AM
    new developement is that HYD consulate called him for rare second interview,atleast that the email says
    any idea what to expect,it seems that they want stamp visa cancelled
    should we expect any different





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  • gc_chahiye
    08-01 08:09 PM
    depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.

    If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.



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  • kaushik07
    10-30 01:44 PM
    I see a number of views on this thread this morning. Small request for all those who are viewing this thread - if you are a july 2nd filer or in that week close by, can you please post your comments so that we will know if there are a significant count of applicants who are out there in the same boat. Thanks!





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  • Dipika
    08-04 09:07 AM
    Signature is updated.



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  • SeanDell
    05-28 05:37 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.





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  • nb_des
    09-21 02:39 PM
    As I understand even NumbersUSA support removing the per country cap.





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  • number30
    03-05 09:45 PM
    As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

    I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?


    Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.





    raajpagare
    04-09 05:00 PM
    This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

    I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.

    From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.





    immilaw
    09-17 11:07 AM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.

    There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.

    So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.



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