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  • rbharol
    08-30 12:31 PM
    questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.

    thanks

    I think for EB2 it is appx 113K USD when GC is approved.


    Correction:
    perm2gc is right. I am talking about California.





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  • Redeye
    04-09 03:05 PM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.





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  • bslraju
    09-13 05:48 PM
    Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
    Changed employer using EAD in 08.
    Current company is doing porting to EB2.
    Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
    it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)

    thus its equivalent to US bachelors degree.
    So my employer (big 17k employees) decided to file based on my exp.

    Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
    in the field or in a related area."

    Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..





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  • nat23
    03-09 02:06 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.

    Please advise. Much appreciated - thanks

    Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.



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  • brb2
    09-22 08:23 AM
    Not really. I truly believe the Skill bill will be passed by mid next year to allow all STEM Masters to stay back and adjust status automatically like in Australia. There is a crisis in the US with very few students entering STEM and the US will very likely retain international students by hook or crook. This will also clear the queue for non US qualified temporary workers in the queue for green card.

    The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!

    Thanks! guys.....All in the same boat then....Screwed.....





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  • ashkam
    11-29 01:38 PM
    I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
    Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

    Just wondering if some one else in the same boat not receiving emails.
    I have given my hotmail email ID, if that matters ?

    Any Idea ...

    It does work and they only send an email for a hard LUD (when there is a material change in status).



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  • sankap
    10-28 12:01 PM
    Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)

    Skilled immigration
    Green-card blues
    A backlash against foreign workers dims business hopes for immigration reform
    The Economist: October 30, 2010

    Oct 28th 2010 | Washington, dc

    BAD as relations are between business and the Democrats, immigration was supposed to be an exception. On that topic the two have long had a marriage of convenience, with business backing comprehensive reform in order to obtain more skilled foreign workers.

    That, at least, was what was meant to happen. In March Chuck Schumer, a Democratic senator, and Lindsey Graham, a Republican, proposed a multi-faceted reform that would toughen border controls and create a path to citizenship for illegal immigrants while granting two longstanding goals of business: automatic green cards (that is, permanent residence) for students who earned advanced degrees in science, technology, engineering or maths in America, and an elimination of country quotas on green cards. The quotas bear no relationship to demand, leaving backlogs of eight to ten years for applicants from China and India. Barack Obama immediately announced his support.

    But the proposal never became a bill, much less law. Mr Graham developed cold feet and withdrew his support; he was concerned that the Democrats were moving too quickly, as the economic misery that has turned Americans against foreign trade spread to dislike of foreign workers. Last year Congress made it harder for banks that had received money from the Troubled Asset Relief Programme to hire workers on H-1B visas, the most popular type for skilled foreign workers. In January the Citizenship and Immigration Service barred the use of H-1Bs for workers based on a client�s premises instead of their own company�s, a move aimed at outsourcing companies, many of them based in India.

    In August even Mr Schumer, needing to look tough on outsourcing, pushed through a bill sharply raising H-1B fees on firms that depend heavily on the visas. Perhaps the most naked election-year hostility to foreigners appeared during the debate in September over a Democratic bill in the Senate that would have rewarded companies for firing foreign-based workers and replacing them with Americans. Charles Grassley, a Republican senator, responded with a proposal to prohibit any company that had laid off Americans from hiring visa workers at all. The bill did not win enough votes to break a filibuster.

    Tightened restrictions, political aggravation and economic conditions seem to be having an effect. In 2009 the number of employment-based green cards and H-1B visas was the lowest in years (see chart). It took an unusually long time for the quota of H-1Bs for the fiscal year that ended on September 30th to be used up. Several Indian outsourcing companies have made a point of boosting local hiring at American facilities.

    This is partly the result of the recession, which has hurt demand for all types of workers. But in a recent report the Hamilton Project, a moderately liberal research group, notes that the number of foreign workers in America has been declining for some time. This might reflect America�s diminished appeal to the world�s most sought-after workers, as well as brightening prospects in their own countries. A survey for the pro-immigration Kauffman Foundation in 2007 found that only a tiny proportion of foreign students planned to stay in the United States. This almost certainly extracts an economic toll, since immigrants are more likely than others to start businesses or file patents.

    America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.

    Legislators from both parties have at various times advanced proposals that would smooth the way for skilled migrants, but they have usually foundered on the more intractable problem of dealing with illegal immigration. �These two issues can and should be separate,� says Michael Greenstone of the Hamilton Project. �We are giving up economic growth by putting the two issues together.�

    Democratic Hispanic legislators oppose separating them for fear of losing business support for comprehensive reform. In principle, then, a Republican takeover of the House might increase the likelihood of a stand-alone bill on skilled immigration. That, however, is not the Republicans� priority. Lamar Smith, the Republican who would probably become chairman of the House judiciary committee, is more focused on deporting illegal immigrants and strengthening the border.

    Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.





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  • EkAurAaya
    10-19 10:50 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.

    With the A# they can pull up your record (which should in theory include all your applications)...

    Will they give you your 140 status?
    Answer: You will find out when you call 'em up :)



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  • dilbert_cal
    06-24 09:28 PM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you

    Incorrect tax return will not necessarily impact your 485 application.

    But knowingly filing an incorrect tax return may result in substantial fine if IRS figures it out. They do not have to necessarily find it this year - I believe an audit can be triggered anytime uptil about 7 years.

    Saving 5000 dollars or so with an incorrect tax return is good if you can live in the fear of future audit for the next seven years.

    The reason I stated "knowingly" filing an incorrect tax return is based on your statements. Clearly at this point you know your tax returns were wrong but because of penalty that you may have to pay, you dont want to amend it. Sure, if you are lucky , nothing will happen to you but thats not a chance I would like to take. Just my 2 cents.





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  • letstalklc
    11-04 01:58 PM
    This is great news for huderabadis....no more chennai visits....we can save lot of time in travelling....

    We all should proud for having US consulate....



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  • DSLStart
    01-28 01:02 PM
    Not to disappoint you but in this case appeal does not have a good chance. Look at the link here (http://www.eichorn-law.com/CM/IntheNews/6.1.10%20Xpedite%20Technologies%20-%20BALCA%20affirms%20denial%20for%20travel%20requi rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...



    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..





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  • seeking_GC
    07-19 01:34 PM
    I came back from India yesterday and used my AP for the second time in SFO ( had been to India last November using the same AP) and had absolutely no issues. I have used AC 21 so I am not with the employer who started my GC process.

    When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.

    Hope that helps



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  • vine93
    10-16 08:48 PM
    A message from President Obama too.

    The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)





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  • brb2
    03-28 07:59 AM
    I agree it is hard to comprehend, and I must admit I still do not understand:)

    I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!



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  • logiclife
    06-20 02:26 PM
    :( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.

    I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.

    However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.

    Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.

    PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.

    There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.





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  • veni001
    02-03 10:24 AM
    Just curious. Who's the author/source of that article that you provided the link for? :)

    I don't know! but if you think sth is not right in that article we can discuss.



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  • gcdeal
    07-11 09:40 PM
    What can you expect from such a low life women. She and her master Bush are all liars.





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  • hourglass
    02-15 10:01 PM
    Hi,

    I am working on 8th year H1 visa (with approval notice) valid thru september 2009

    Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.


    I went to Ottawa, Canada in January for visa stamping. I got Visa done.
    On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.

    Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.

    Good Luck for your stamping.





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  • ajay
    05-22 06:58 PM
    Do we need to pay $340 for the second renewal of EAD and AP?

    USCIS page says, no fee only if you have filed 485 after July 30, 2007.
    I also have paid for EAD and AP for all of us,wife,son and myself.





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