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  • whoever
    01-10 07:10 PM
    can you justify why chances are more of a eb relief from what numbers gang has?




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  • immilaw
    09-17 11:07 AM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.

    There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.

    So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.




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  • nilcritz
    12-15 09:43 AM
    Add one from Austin.




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  • SL%%
    03-02 01:00 AM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    c) Can we include the dates for some one is physically not present in US
    d) What supporting documents are needed to prove that some one was not present in US?


    Thanks
    Senthil


    a.) true, like me
    b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
    c & d.) I don't understand this, are you out of US?



    Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?


    H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.

    IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.

    The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.



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  • bigtime007
    06-26 01:41 PM
    It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?

    Is it:
    1> The time when bill is signed by Bush?
    2> The beginning of the following fisical year?
    or
    3> You can keep working till the current H1B expires, but cannot renew?

    thanks!




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  • vin13
    10-26 03:35 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.



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  • RNGC
    04-26 08:42 AM
    Thanks...This is very helpful!....Feeling a lot better now!




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  • cox
    January 31st, 2005, 12:03 AM
    I liked the father & son pic too. Some crop will help to emphasize the icy feel too. It's got a happier feel than the others IMHO... We're all our worst critics, so keep your camera and keep shooting ;)



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  • perm2gc
    09-18 02:30 PM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.
    If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..

    As of now you are EB3

    Correct me guys if i am wrong




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  • Funky_Monkey
    09-13 11:56 PM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.



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  • dan19
    09-15 01:38 PM
    Where did you get the numbers from?


    Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
    It is a truly daunting situation.
    I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.




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  • H1B2GC
    09-30 09:37 PM
    The H1B transfer should be ok based on the fact this person is with in 6 years. If the transfer is after 6 years based on either LC pending or LC and I-140 approved. The same should hold good for the transfer.

    This will not affect the greencard process even if USCIS finds this person changed jobs using H1B. The greencard is filed for future permanent job. According to USCIS, the term permanent means FOREVER. They can revoke the approved greencard if you change jobs immediately after approval.

    If you indend to change jobs use AC21 before greencard approval or wait for a year after the greencard approval.



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  • imm_check
    11-01 04:27 PM
    Hi All,

    I have a scenario like this...

    My wife and I got the receipt date for I-485 while my daughter did not...even though all of us filed on the same day through same mail package. It is puzzling how one would miss one application and process the others. Please let me know if anyone faced a similar situation.

    The scene has changed a little bit with both of us receiving a FP mail notice recently. I wanted to know what would happen if both of us go ahead with the biometrics while not knowing the status of my daughters application.

    Thanks...




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  • radhikac
    12-21 02:56 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika



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  • myimmiv
    02-26 10:09 AM
    Any thoughts ?




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  • sduddukuri
    02-23 08:27 PM
    I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.



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  • little_willy
    08-06 05:19 PM
    ^^^^^^^^^^




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  • DianaSteve
    12-13 12:02 PM
    My I140 is showing up online now.




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  • jaocanada
    09-05 11:34 AM
    Anybody traveling to DC from Pittsburgh?




    chandra_mb
    03-11 08:48 AM
    You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.
    Thanks vparam ! We will give this a try. Hope they give us an SSN.




    mchundi
    03-08 08:18 PM
    Finally the USCIS released the VISA usage statistics for 2006.
    http://travel.state.gov/visa/frvi/statistics/statistics_3163.html

    Also from immigration-law.com
    http://travel.state.gov/pdf/FY06AnnualReportTableVPart1-3.pdf



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