eb3_nepa
01-08 04:22 PM
How did you guys manage to get H1's so recently from H4?
Is there a way that H4 are exempt from the H1 quota?
Is there a way that H4 are exempt from the H1 quota?
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Apollon
06-30 06:57 PM
I realize the PERM position requirement must match EB2 track requirement, it must be what you said. However, what I'm questioning is (lets assume we're not talking about Masters degree at all, only BA+5 alternative) - does it make a difference *for position requirement*, not EB2, if part of the "+5" in the position requirement came before the bachelors degree was completed? Can this job requirement be without restriction all of the "+5" comes after graduation, and still qualify for EB2, where all "+5" must come after degree requirements have been satisfied?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
glus
02-19 01:54 PM
Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
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spicy_guy
08-11 12:09 PM
Pappu: Can we do anything about it? It does seem to be a good bill.
If voting on the website really has any impact, why can't we do it?
If voting on the website really has any impact, why can't we do it?
more...
zoozee
07-30 02:16 PM
Well said by andy garcia "Lawyer's Mercy", this journey to GC is filled with all kinda mercy from....
gc_chahiye
08-06 04:23 PM
Interesting analysis.
I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html
The OP here has found a pattern that builds on that same prediction, and should extend into 2008. If that pattern holds its 6 month jumps initially, then stagnation later by 2nd quarter. Lets see if it does.
Of course if 10K people do show up at the DC rally, then none of this might be needed. If enough senators can be convinced that what we are facing is really a big problem and easily fixable (atleast recapture of 200K visas and exemption of dependents if not a bump up in annual limits) then the dates will be C C all through 2008.
All the east-coasters who saw the effect of the San Jose rally: its your turn now to up the ante and go one step ahead. The results of not showing up for that rally is literally a guarantee that only a tiny percentage of us will get I-485 approvals for the next two years!!! and things might improve even with a new president ONLY if we rally then! think about that!! not doing anything is a guarantee of long long waits...
San Jose rally allowed everyone to file I-485 the DC rally could help everyone get timely approvals!!
I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html
The OP here has found a pattern that builds on that same prediction, and should extend into 2008. If that pattern holds its 6 month jumps initially, then stagnation later by 2nd quarter. Lets see if it does.
Of course if 10K people do show up at the DC rally, then none of this might be needed. If enough senators can be convinced that what we are facing is really a big problem and easily fixable (atleast recapture of 200K visas and exemption of dependents if not a bump up in annual limits) then the dates will be C C all through 2008.
All the east-coasters who saw the effect of the San Jose rally: its your turn now to up the ante and go one step ahead. The results of not showing up for that rally is literally a guarantee that only a tiny percentage of us will get I-485 approvals for the next two years!!! and things might improve even with a new president ONLY if we rally then! think about that!! not doing anything is a guarantee of long long waits...
San Jose rally allowed everyone to file I-485 the DC rally could help everyone get timely approvals!!
more...
augustus
08-21 10:32 AM
Please see above
2010 JUSTIN BIEBER WOOD STRETCH
john2255
10-20 06:24 AM
Look at the profile...... join date and no. of posts.
So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.
When I was active I always did my best to share my knowledge and help the people.
I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.
I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.
So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.
When I was active I always did my best to share my knowledge and help the people.
I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.
I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.
more...
sumansk
09-26 05:21 PM
Is it possible that for people whose app is not system might have been rejected.But even if that is rejected then it shud be in the system...right ????
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needhelp!
03-10 03:00 PM
What is FOIA?
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
more...
aadimanav
12-27 07:48 PM
http://rapidshare.com/files/79520069/NSC.pdf.html
http://rapidshare.com/files/79519877/TSC.pdf.html
http://rapidshare.com/files/79519877/TSC.pdf.html
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GCwaitforever
05-24 09:38 AM
By the way, the article refers to Immigrant Voice instead of Immigration Voice. I can not find e-mail address of the author. Please get in touch with the author if you can, to have this corrected.
more...
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GCNaseeb
11-04 10:46 AM
Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:
http://immigrationvoice.org/forum/showthread.php?t=13522
http://immigrationvoice.org/forum/showthread.php?t=13522
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jr8rdt
01-07 02:51 PM
casinoroyale - can you clarify, you are contradicting yourself.
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
more...
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digmetalq
08-21 04:50 AM
Hi All,
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
You are right about to apply for 485 without the PD current. This will help all the people who are bound to their employers and have no option. The law makers are trying to find fraud in employment but they are not finding ways to unshackle the employee from employer.
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
You are right about to apply for 485 without the PD current. This will help all the people who are bound to their employers and have no option. The law makers are trying to find fraud in employment but they are not finding ways to unshackle the employee from employer.
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Joey Foley
May 17th, 2005, 06:16 AM
Thanks for the thoughts guys.
I wish I could retake these but they were taking in southern North Carolina on my way back from Florida the other day.
I live in Indy so now I either use these or found something in Indy to photo this week.
:confused:
I wish I could retake these but they were taking in southern North Carolina on my way back from Florida the other day.
I live in Indy so now I either use these or found something in Indy to photo this week.
:confused:
more...
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reddymjm
01-02 06:43 PM
Even if it is close to that 2020 do not get surprised
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gxtrader
08-17 02:27 PM
HOW your answer relates to my question?
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
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prav27
07-09 12:33 PM
We got RFE for my wife case too but it specifically mentioned that in the submitted report it was not cleraly mentioned if the skin test was done and so new medical form with TB Skin test( last time the Doctor just did the x-ray) needs to be submitted
snowshoe
12-18 01:33 PM
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
anu_t
06-17 12:20 PM
I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
How come option 1 will work if the law passes? First you have to apply for the labour and then only u can capture the old pd.
But we even can't apply for the labour so there is no point in capturing the old pd. Am I making the valid point here? Correct me if I am wrong.
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
How come option 1 will work if the law passes? First you have to apply for the labour and then only u can capture the old pd.
But we even can't apply for the labour so there is no point in capturing the old pd. Am I making the valid point here? Correct me if I am wrong.
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