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  • forgerator
    11-08 04:38 PM
    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o





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  • teddy the dog
    07-21 11:58 AM
    I heard gossip that the USCIS agentssss (4 s because a lot of agentssss) specially delivered the GC document to his house. That is why our receipt and backlog still not clear (they too busy).;) But don't worry they know IV will protest this discrimination, so they will work really hard to help us too.:D





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  • immi2006
    05-24 09:14 AM
    If you want to make decisions do it based on career progress not on GC.

    I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.

    Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.





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  • Rb_newsletter
    04-15 05:20 PM
    The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!

    Does anyone know which law states that GC should not be approved when PD is not current? I guess the whole 'PD' concept was invented by administration people.



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  • kumar1
    03-03 10:37 AM
    Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.





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  • EkAurAaya
    03-19 06:43 PM
    no ones ever sold a house on H1B or EAD? :confused:



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  • waitnwatch
    07-17 08:36 PM
    The first part looks like a standard blurb.........The second part is the reply and you should be happy that they have taken cognizance of your situation. Hopefully you'll receive the fingerprinting notice in the mail soon.

    Good luck





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  • desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com



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  • spgtopper
    05-10 12:53 PM
    An event in DC would be convinient for members who live or work in and around the DC area, and also because the concentration of working people in the city and vicinity is higher. People who work in the area can stop by after work and network over dinner.

    Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.





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  • ivgclive
    03-22 09:10 AM
    And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
    That will be faster than this EB2 and EB3 backlogs.
    You help him now, and he will help you.

    Much better.

    Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.

    :D



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  • chanduv23
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.

    Like in said my earlier post, employer can not ask for kind of employment authorization.


    ________________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.

    If that is the case, what about employment websites? Maybe they need to be notified to change their options?





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  • canleo98
    09-26 04:15 PM
    Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?


    My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.



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  • Munna Bhai
    01-09 12:54 PM
    which service center? You can ask your employer to ask USCIS as 140 is employer's application.


    Can anyone tell me, is this common wait time and what more i can do.





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  • ho_gaya_kaya_?
    11-21 07:32 AM
    I think the job market is going to change a lot- in next few months
    There will be plenty of people waiting for last so many years- who will be out to switch
    and also who are or were not planning to change- will now start thinking now that they have the opportunity...:)

    This will create new job positions as well as make the market very competitive - since there will be many positions

    Nevertheless- I dont think its going to make a significant or any chnage in economy - since this will only initiate a job movement and not new job creation


    So Ladies and Gentelmen- I think we have very intresting few months in front of us

    BTW_ I created a poll- if you are intrested in participating...
    http://immigrationvoice.org/forum/showthread.php?t=15612



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  • number30
    03-27 10:16 AM
    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.



    Thanks in Advance,
    Satya.

    240 days only in case of Pending. Do not stay over 180 days.





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  • guchi472000
    03-18 04:27 PM
    I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.

    Can she get EAD or SSN?

    Pls help.....



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  • gc_buddy
    03-07 04:55 PM
    It took me about 95 days, from start to finish.

    Can you please share which service center and the dates..





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  • immi_seeker
    10-08 10:38 PM
    ^^^^^^^^^





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  • m79
    10-06 05:23 AM
    Hi,
    I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.

    Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.

    Thank you for any kind of input.


    Hi

    I am also in the same situation like you. My wife got AP and mine is still pending. Please let me know if you get yours approved.

    Thank you.





    xbohdpukc
    03-05 08:53 PM
    Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.

    The truth is that the intent of the Congress was for the fees to cover USCIS business expenses. If USCIS is able to show the Congress that their expenses at the current level are not covered in full by the current fees, new fees will be justified even without improved service quality according to the law. The problem is that the public doesn't know how much of USCIS expenses are going uncovered by the current fees structure. Had they disclosed that piece of information we probably wouldn't have had this discussion in the first place.





    pammk
    06-01 06:33 PM
    Interview Date: Friday May 6, 2011
    My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
    Visa Officer: A Lady
    Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
    Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
    Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
    Current status: last correspondence via email was on May 13th, no response as of yet.

    Am I experiencing this because of my employment model? Any comments from anyone?
    Did anyone else have similar experience? Anyone from Southeast Asia?



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