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  • ds37
    02-04 03:31 PM
    Hi

    I think THey can not use spillover untill last quarter, as all the math is done for the whole yearand than applied monthly on a pro-rata basis. I n theory if they spill over each quarter and a huge (unrealistic but theoritically possible) demand devlopes in the last quarter they will be doomed so wait for the last quarter and see the magic(if any).

    Thanks

    DS





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  • Administrator2
    01-06 11:39 AM
    Sen. Menendez is trying to get the dialogue started. He doesn't seem to be getting a response from Sen. Graham's office, which is not a good sign. As a next step, he is making public statements in the press with the expectation to provoke a response from Sen. Graham.

    Sen. Menendez and Sen. Graham are both willing to take the lead on immigration bill. Its just that the larger politics has taken over the debate for last couple of years.





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  • add78
    06-19 02:08 PM
    yeah.. it doesnt work that way, the fact that your lawyer checked "d" indicated you have an advanced degree (masters and beyond). you have to prove that your BS+X exp is in fact Masters equivalent with your LC and job ads and recruitment effort etc etc. It is then at the discretion of the IO to allow the classification under EB-2, else he will issue an RFE (which he did) and even after your response to RFE, he may deny the EB-2 classification and you will have to amend it with EB-3. Your lawyer should have known this would trigger an RFE.





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  • potrero
    04-30 08:31 PM
    I am not sure if this question being answered in this forum.
    Need experties if any one have this situation.

    Employer: X (Old Employer)
    Labor - EB2
    PD - Sept , 2006
    I-140 Approved

    Employer : Y (Current)
    Labor : EB3
    PD : May 9 2003I
    1-140 Approved
    I-485 : Pending

    Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
    Q : How is the apeal done considering I-485 is already filled.
    My Attorney says better to file fresh EB2 with current company.

    Please reply with your experties or if being deal with this one.

    -Thanks
    Potrero



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  • hankles
    12-09 05:35 PM
    O*Net Online website has a useful tool to learn which other occupations relate to one's present occupation. Simply enter your O*Net/SOC code and go to "Related Occupations".

    This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.





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  • pd_recapturing
    09-24 10:20 AM
    My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
    This is strange. Without cashing the check, how can they process the applications ?



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  • alahiri
    03-29 12:57 AM
    We need to contact the ombudsman office and talk to first Citizenship and Immigration Services (CIS) Ombudsman Mr Prakash . This office can pursue INS to change its policies and has the authority to do that.

    http://www.dhs.gov/dhspublic/display?theme=11&content=1355


    Please check the above link for more information.

    Thanks
    AL





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  • beppenyc
    02-04 08:05 AM
    ALAN CHOATE AND TYLER PETERSON - Daily Herald
    Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.

    The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.

    U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.

    He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.

    "That should be done by, I hope, the end of April," Cannon said.

    His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.

    "The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."

    His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.

    Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?

    Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.

    He said the will in the U.S. House is to give states more discretion



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  • mrane1
    07-18 04:23 PM
    Wow!! never heard of such a thing!!





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  • div_bell_2003
    03-06 02:03 AM
    Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.



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  • ragz4u
    04-12 10:04 AM
    We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers





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  • indianindian2006
    07-28 02:00 PM
    I got the same LUD on AP on 7/27/2008
    EB2 India PD 04/2006.



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  • number30
    10-08 02:01 AM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?


    For PIO Usually it takes two weeks if you go personally. They will will tell you the date upfront. For PIO They do not take original passport. Hence you can apply for the visa even two days before departure.
    Just FYI While applying for PIO or Visa both mom and dad needs to sign otherwise they will send it back.





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  • lazycis
    01-12 07:53 AM
    I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.

    BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)

    AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).

    http://www.ailf.org/lac/clearinghouse_mandamus.shtml



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  • mittal_a
    06-26 10:09 AM
    I think it should be ACT 21 which I have filed it like a month back.

    Thanks a lot for quick replies





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  • chi_shark
    05-07 11:21 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...



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  • Earned_GC
    04-15 10:19 PM
    What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?





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  • srkamath
    06-28 05:46 PM
    very useful perspectives from other organizations - thanks pappu... this election season will be very interesting.... i hope more rational.





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  • natrajs
    04-15 11:53 AM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?

    You can either mail the Tax return or put $0 for the wife's last year AGI and E file it





    mita
    08-22 08:16 PM
    Enjoy your green!!!
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)





    reddog
    01-23 12:15 PM
    As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.

    You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.

    Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.

    PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.