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  • ImmigrationAnswerMan
    07-13 11:36 PM
    Sangeetha:

    USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.

    It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.




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  • webpromo
    03-24 12:37 AM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported




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  • andycool
    11-10 06:39 AM
    Hello gurus,

    I have one doubt abt requirements to port EB2.

    my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


    thanks a lot for your help

    Your Lawyer is wrong....EB2 is for your current employment it has nothing to do with your previous PD .

    IMHO...it was like that for Labor Substitution case ...But for new EB2 Application its not needed...find a good Lawyer.

    thanks




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  • saro28
    12-26 07:57 PM
    It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.

    agc2005,

    Thanks for the reply.
    I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.

    THanks

    Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
    Please send your experince.

    Can I make this expedite. As I planning to go to India in Jan.



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  • gg_ny
    09-14 08:52 AM
    The VFS website is good for FAQ. Also, their email reply service is appreciable as I had my doubts cleared in 24 hrs cycle. You can also call them, they DO answer. The dates keeps changing because, I think, of cancellations and other eventualities. Usually, people make appointments anticipating , and keep changing it as their schedules change. You can reuse your payment id for 1 year and hence one could make appointment for a date, KEEP LOOKING, and if you find another suitable, then cancel and reschedule right away. I believe the calendar is live or almost live. They do allow emergency appointments but I am not clear wehther you could do it from here or you need to be present there. Typically, if you have a good travel agent/company, they can handle it better in your favor.
    VFS email id that worked for me: info@vfs-usa.co.in

    Hope this helps.



    As per http://www.murthyindia.com/content/em_appt.html if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.




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  • ticktoe
    09-06 02:06 PM
    Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).

    The biggest issue is that just with MS, IS NOT HARD TO REFUTE OTHER RESUMES. EVEN IF SOME ONE WITH A MS+6 MONTHS apply to the ad. Then it will be hard for me to justify. That's what makes me little uncomfortable here.

    But how did you manage to justify that you have enough knowledge/experience for that job. Did you use any particular course material or project work or anything of that kind against some one who applied for your ad ?

    Please do let me know your experience. It will greatly help me.

    Thanks



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  • watzgc
    09-18 04:45 PM
    Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

    NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.




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  • menimmigration
    07-19 11:32 AM
    BMSI,
    My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval

    Till now I hav'nt got any physical notice (Lawyers confirmed the same)



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  • alterego
    04-11 04:59 PM
    I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
    Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.




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  • diwa209
    07-21 03:02 PM
    Gcfever007,
    thanks for the post.. on your point below -
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.

    doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?

    My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.

    My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
    If this is correct then its a 'gotcha'.


    Questions:
    1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
    2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?

    3) Are there any other options?

    Can a senior member please clarify?



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  • yabadaba
    06-21 09:50 AM
    we can only guess

    i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc




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  • ruchigup
    08-22 03:52 PM
    Were you kidding or serious? You just quoted the very same name that guy is to avoid.

    Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
    Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)



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  • Illuminae
    06-14 02:13 PM
    congratulations Soul!!!! :beam:
    :flower:




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  • GCFISH
    11-29 02:59 PM
    1. Canadian Consulate General (payable to)
    2. You can pay in both currencies (USD and CAD)
    3. Yes, Buffalo



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  • logiclife
    02-16 06:12 PM
    The house bill HR 4437 does not have little benefit for legal employees. It has NOTHING for legal employees. NOTHING.

    USCIS wont allow 485 applications coz its slow and cant process everyone, it will allow filing based on number of applicants it expects compared to number of visas available. And the beauty of this thing is...USCIS has NO FRIGGIN CLUE how many 485 applications it would expect if it moved the PD forward by so and so date. They are doing this on guesstimate basis. And another beautiful thing is that if they play too safe, the quota of 140 K might not even be used fully even this year in 2006. Those unused visas will sit there either unused or issue to our dear nurses under Schedule A.




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  • belmontboy
    02-26 05:37 PM
    Original LCA salary is like 58k and current one is 40k

    40K??? you kidding right?
    You probably would earn more if you are working at Walmart. See if you can transfer your H1B to Walmart



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  • gsc999
    02-08 10:33 PM
    well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
    my question is:
    since we don't know if he will or not. I need to know if i can start my paper with the immigration?
    because if he goes to jail.. how we will do the interview if he is not here to go?
    what i can do??
    somebody can help me?:confused:

    Hello estrela,

    Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.

    This forum is dedicated to the plight of high-skilled employment based immigrants.

    Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.

    Best of luck




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  • psam
    03-09 07:31 PM
    Hopefully you get a different officer. In my case they officer stamped I-551 on passport which was valid for six months for travel purpose and 1 year for employment.

    Other online links suggest to talk with your congressperson so see if you get lucky.
    Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)




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  • sparky_jones
    12-10 01:28 PM
    I recall receiving only 2 copies of AP from TSC. Is that normal?




    ujjvalkoul
    01-17 03:11 PM
    Hi

    I received my EAD card but the expiry date is 01/08/08....it was approved on 01/11/2008.....

    So they goofed up as usual.....I called them and they are asking to file another 765 with
    Orig EAD card and copy of approval notice...

    Is the approval notice the letter that comes with your EAD card?

    Has anyone faced this..any pointers would help..........

    They also asked me to book an infopass appt to see if they can issue an interim EAD...or something...This really sucks...




    Soul
    05-27 09:31 AM
    Grrrr :P



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