Thursday, June 9, 2011

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  • perm2gc
    07-27 03:11 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!

    1. MTR process takes one year.
    2.If you have EAD you can work,otherwise you cannot work.
    3.No unless your spouse also has no EAD.





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  • singhsa3
    11-15 09:15 AM
    Voting is not enough please post your suggestion also.





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  • brb2
    04-06 07:54 AM
    People over 5 years will be eligible to apply for green cards after 6 years! This bill puts illegals in the place where they should be put, and I would not call it amenesty by any measure.

    With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.

    IMHO, this bill amounts to saying,
    1. Let's legalize some of the illegals
    2. Let's push the the rest of the problem away for another 10-12 years
    3. A compromise

    But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?





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  • lost_in_migration
    05-15 12:38 PM
    /\/\



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  • pappu
    01-29 06:50 PM
    rumour say retrogression may lift on march 2009, is it true????

    Is that your new year wish? :)

    I do not see any possibility unless some miracle happens.





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  • DDash
    03-28 03:57 PM
    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

    I will have to go for a stamping soon and this info will help. Thanks! :)



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  • Bhaskar_80
    06-10 04:16 PM
    Mr. gnutin,

    I really appreciate your help on this regard.

    Thanks a lot!





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  • gc_check
    02-22 08:07 PM
    http://competeamerica.org/news/media_coverage/2006_02/20060222_rno.html



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  • dagabaaj
    02-11 12:08 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.





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  • anilsal
    12-21 12:02 AM
    Hi Msyedy,

    Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.

    Thank you,
    pradeep

    Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?



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  • monikainusa
    03-22 09:46 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..





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  • hibworker
    07-15 05:37 PM
    Hand in all I-94 that are in your possession since last entry in to US.



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  • Sakthisagar
    10-21 10:37 AM
    Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
    earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news

    We do not have problems if everybody is ignoring this guy grassley but that is not the Truth. USCIS takes it seriously and issue a memo upon his letter which makes our Legal immigrants life miserable! What do you say for that.

    Example: The infamous Employee employer relationship memo of Jan 18th came out from this B*** heads letter to Mr.Mayorkas.





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  • Prashanthi
    12-03 03:40 PM
    If you are 21, then you have aged out with reference to both your H-4 and I-485 petition. Unless you are protected by the child status protection act, which is unlikely if your parents visa number is not available.

    Now the question is, what is you status in the United States, are you on an F-1?. If you are then you could perhaps come back on a fresh I-20 to rejoin your course. However, if you have been out of status for 6 months or more as per IRAIRA you will not be allowed back into the country for 10 years. You have to consider all these factors very carefully before you leave.



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  • gclongwaytogo
    10-24 09:47 AM
    :o:)





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  • radhay
    02-01 01:27 PM
    Here is what I would do..
    1. Pay off your debts..
    2. Collect 6 months of paycheck equivalent money in CDs.
    3. Buy life insurance.
    4. contribute to 401K if employer offers a match.
    5. Start children's education fund (4o3b?)
    6. Buy some gold may be 5-10% of savings.
    7. Invest in US based large cap consistent dividend yielding stocks > 4% yield (example:- PFE & T).
    8. Invest in an index fund with exposure to global economies with low expense ratio.
    9. Invest in your health (gym membership or equipment etc..)
    10. Buy some real estate if you can afford.



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  • imneedy
    02-04 10:27 AM
    Today is the 22nd calendar day.


    Shahuja,
    Is this your first time application for H1 or is it a renewal?

    Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".

    Raju,
    Is this your wife's first time application for H4 or is it a renewal?





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  • hkusumadi
    03-27 01:45 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.
    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?





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  • nozerd
    02-24 08:26 AM
    Not true. TX doesnt have state income tax but still allows H1 and H4 visa holders in state tuition after 1 yr of residence.
    Thanks


    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.





    st4rguitar
    04-06 01:39 PM
    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.


    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you





    logiclife
    02-27 11:51 AM
    This decision is too important for you, it seems, and I would consult a lawyer for best course of action because the users on forums are not lawyers and they can give you options, but it may not be the best option.

    Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.



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