Monday, July 18, 2011

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  • jgh_res
    07-18 11:09 AM
    You need to bump this thread zillion times, before you get like 100 contributions. People are busy filing for 485 now and later on busy waiting for ead's and later on busy getting their infopass appointments and the list goes on... forever.



    ^^





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  • geesee_99
    12-14 11:07 AM
    Friends,

    I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>


    (LCA)From 9089:
    Education: Minimum Level Required - Bachelors
    Experience required for offered job - 60 months
    Is alternate combination of education and experience is acceptable � NO

    From my Education evaluation:
    12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
    12+3+6yrs of Work experience = BS in USA.


    RFE Details:
    The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.

    Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.

    If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]

    [COLOR="Black"]MY QUESTIONS ARE:


    - Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?

    - If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?

    - I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?

    I appreciate your time.

    Thanks Much,
    Regards





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  • natrajs
    08-24 07:39 AM
    Some where around December after completing Data Entry for all the AOS applications





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  • devikas81
    06-19 04:26 PM
    1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??

    2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??

    Really appreicate your help..



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  • immig4me
    09-07 08:40 AM
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

    Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think





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  • sathweb
    02-12 10:30 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years

    I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.

    My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.



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  • abheja
    08-25 03:40 PM
    Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(





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  • ssksubash
    09-30 02:29 PM
    Thank you all for your suggestions. I was wondering if some one had more info in case the perm gets denied.

    Thanks,



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  • qasleuth
    08-07 06:57 PM
    Sorry to hear your predicament.
    "Is employer legally liable for expired EAD of employee?"

    The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.

    Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
    In reality: It sounds more like they are looking for an excuse not to hire you.

    As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
    Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.

    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.





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  • eilsoe
    10-08 10:56 AM
    After half an hour in PS, I can now say... thats I was wrong... not inspired anyways...

    Made some crap thats all...



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  • alien2006
    07-21 02:56 PM
    Isn't Murthy in the DC Area?





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  • sridharnarasimha
    04-09 08:32 PM
    I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.



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  • drirshad
    11-26 08:10 PM
    My H1 status is pending does means processing or it will change to processing when they really start to look at it.





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  • krishna.ahd
    02-06 06:30 PM
    Hi Anand,

    I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.

    In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.

    Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.


    Amul
    I dont think it is true.
    You can volunteer to any field but not 40 hours / week , there are limitations i beleive 4 to 8 hours/week and not for cash reimbursement. Usually Org gives you free lunch voucher or something, thats it.
    Anand: you want to work voluntarily and expect to get paid in cash , that is not legal.



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  • pappu
    08-21 08:26 AM
    "To speed up processing" seems like a standard reply for anyone whose case is transferred.
    Once it is transferred, you may get the status message that says- "it is following normal processing time"





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  • Mount Soche
    11-27 09:19 AM
    hi, i sent you a private message..
    good luck

    Hello,

    My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
    Receipt date = 03-Aug-2007
    Notice Date = 12-Oct-2007

    On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007

    For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
    Is it really true.

    This is really urgent since I stand to lose out big time on an excellent job offer.

    What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
    Thanks.



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  • H1Girl
    04-09 12:59 AM
    Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...





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  • print0104
    08-28 05:01 AM
    Hello,

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~


    Sonia





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  • at0474
    12-14 02:03 PM
    Sorry to say this is gone case. Try exploring the option of filing another I-140with the other approved labor you have. Also, make sure that labor has provisions to make your new I-140 approvable. Otherwise, you will be hitting against the wall twice!!





    willwin
    05-21 10:00 AM
    The reason why they are not talking about EB is there is nothing to talk.

    The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.





    andr.in
    10-05 03:44 AM
    It was all done in 3DS MAX! =)
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    btw: I made the sig today and it took me about 10 minutes or so... =)



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