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  • Munna Bhai
    01-23 10:51 AM
    Let your new employer starts your GC, get PERM+I-140 cleared from your new employer untill then don't join them. Once I-140 is cleared, port your current PD to this new I-140 and join the new employer.

    GC is for future job, anyone in H4 can do it and even if you are not in this country, a company can sponsor you.

    Hope this helps.





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  • kumar1
    12-26 12:48 PM
    Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).





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  • venram
    12-26 12:17 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks

    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.





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  • desi3933
    06-30 01:56 PM
    ....
    I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr./Ms. P. Saxena -

    Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

    USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

    Hopefully this clears your confusion,

    Have a good day!

    desi3933



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  • royus77
    05-22 04:31 PM
    Good question , I also want to know more on this as i am thinking of moving . Is there any hard date where USICS stop accepting I 140 petitions ?





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  • meridiani.planum
    12-17 06:23 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    curious: have you hired Murthy's lawfirm now or have they been handling your case all along?

    Do keep us posted on this. All the best! Hope it all works out for you...



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  • yagw
    07-11 07:18 PM
    Yes. I guess, I read it wrong. I'm surprised that USCIS has outsourced this work to companies like these trusting them blindly. I was of the impression that the attorney used some USCIS website to file for PERM labors. And what kinda stupid co. was this...TESTING against prod database? Scary :eek:

    USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit :)





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  • ChainReaction
    01-30 08:12 AM
    Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245



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  • cfan666666
    06-22 03:10 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?





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  • alex99
    04-08 02:14 PM
    (EB1)
    2007 2006 2005
    26,697 36,960 64,731
    (EB2)
    44,162 21,911 42,597
    (EB3)
    85,030 89,922 129,070


    How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)

    Gurus : please through some light on this?



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  • Rajeev
    10-11 09:43 AM
    /\/\/\/\/\/\/\/\





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  • GCSOON-Ihope
    08-23 10:50 AM
    :) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
    Thanks in advance for any help. :D

    My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
    Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!



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  • ramus
    06-07 01:10 PM
    Please contribute to IV..
    Thanks.




    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • braindrain
    09-02 11:45 PM
    I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.

    My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.

    If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.

    Any advice/help is greatly appreciated.



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  • gc28262
    09-10 02:58 PM
    I had a similar issue when I applied for AP from TSC.
    Online status said approved, but never received it for a couple of months.

    You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.

    Please follow the following threads:
    http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/23097-ap-approval-notice-sent-ap-not-received.html

    http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24267-ap-lost-in-mail.html





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  • sac-r-ten
    11-19 11:31 AM
    I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.



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  • tnite
    06-18 12:10 PM
    thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status

    But the problem is that you have to send in a copy of your H1B visa for I485.
    The visa will mention the fact that it was issued in May 2007

    USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
    That means that you were at a US port of entry recently.

    I think putting your canadian date is the best option.(My opinion)
    You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007





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  • maddila
    09-16 04:03 PM
    I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.





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  • Pineapple
    07-17 06:48 PM
    This should inspire more people!

    I don't have words to show my gratitude and appreciation for IV team.

    ....

    To help in that area, I am making first time $500 contribution and then $20 per month.

    Thanks a lot IV!

    - Amit

    __________
    Order Details - Jul 17, 2007 15:46 GMT-07:00
    Google Order #900330157495295





    gcformeornot
    12-31 02:09 PM
    the sadest and unluckiest members of this forum..?





    Anysia
    03-03 10:08 AM
    FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:

    Title 68: Professions and Occupations
    Chapter VII: Dept of Finacial and Professional Regulation
    Subchapter b: Professions and Occupations
    Part 1340 Illinois Physical Therapy
    Section 1340.20 (a)(2)

    Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)

    Section 1340.20 (a)(3)

    "Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"



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