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  • eb3_nepa
    07-18 10:28 AM
    ^^





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  • saps
    01-08 07:06 PM
    Most likely, I might be moving into a new apartment next month. My EAD and AP are due for filing for extensions. Is it really necessary to file EAD and AP renewals in continuity? Can I wait and file the renewals after I move and have the new address information? This means that I might not get the renewed EAD and AP before my previous ones expire. I am currenly on H1-B and have not used EAD and not planning to use EAD and AP in near future.
    Any help is really appreciated.





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  • Ann Ruben
    05-27 05:33 PM
    The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.





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  • techbuyer77
    06-12 07:26 PM
    evl is employment veriication letter
    My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(



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  • palemguy
    09-16 12:15 PM
    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?





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  • GC_Green9
    03-28 01:17 PM
    if say 50% of people in EB-2 quota do possess Master degree, do you think after STEM - the pressure on EB-2 visas will drastically reduced such that EB-2 will be current for all the countries??



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  • eldrick
    07-31 04:14 PM
    But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
    I'm really worried right now. Can I still call our lawyer? Sorry guys.





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  • waiting4gc
    06-29 01:59 PM
    You must have used your OPT card to work for some company. Ask them to give it to you. They SHOULD have it in their records. If that doesnt work, try talking to the international students office of your school to find out if they have a copy and can send you one.

    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?



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  • royus77
    07-10 12:02 PM
    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?

    Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .

    VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit





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  • Blog Feeds
    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.


    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.




    More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)



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  • ars01
    06-07 02:18 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)


    Thanks,
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.





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  • krupa
    07-18 04:01 PM
    What is the expected we start gettting I-485 receipt Notice



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  • Winner
    10-11 09:12 PM
    Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.

    These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.

    I know there are some members in this forum who will try to shout you down and make you quite.

    But I feel if one believe in what is right then one should go ahead irrespective of what others think.

    Now that you have left your abusive employer, would you mind disclosing your ex-employer information?





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  • martinvisalaw
    06-30 11:25 AM
    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?

    No, you can continue working in H-1B status, assuming this has not also been denied.



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  • sam_hoosier
    11-27 01:34 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!

    EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.





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  • kishorep914
    05-17 08:55 PM
    I have been getting only 1 year extension after my first 3 years of H1. My I-140 has been approved in My 2nd year of my H1 visa. So it entirely depends on the USCIS discretion.



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  • BarneySha
    07-18 08:42 AM
    $320 an hr!

    His 'RFE response' charges were $450!

    go figure...
    lotsa people are making money out of the s*ituation we are in!





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  • roseball
    07-27 04:32 AM
    She should be fine....Even if your wife's petition is not filed you have 180 days to submit the application after your I-485 is approved....There was a separate thread which discussed this in detail...You can seach for it....





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  • detroit2009
    07-10 06:05 PM
    Thanks for the reply. Let me explain my case more clearly. Assume that I work at MEIJER/WALMART as 'cashier' in Detroit on H1B and because the store is unable to give enough hours, I find a contingent position in another MEIJER/WALMART as Cashier may be in another city.

    When I received my H1B it was issued to MEIJER at its headoffice address and not at a particular facility


    Please advice





    like_watching_paint_dry
    09-12 11:10 AM
    Not anymore...

    EB2 India followed by EB3 India. If we take this "sampling" of information with a mild grain of salt, then it still does tally up with the distribution of the retrogressed dates. EB2 IN is U, EB3 IN is mid April. EB3 RoW is further along down the line.. not many illegals coming under RoW.

    Manny, in your next poll you might want to atleast get the 2002 & before, 2003, 2004 2005, 2006+ PD distribution of EB2 India and 01Apr2001-30Apr2001, rest of EB3 India. I think once those 245(i) illegal buttplugs are out of the way, EB3 IN should move at a good pace. But that may not happen until 2012-2014.





    bestofall
    06-15 05:19 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
    Our question....Is it sensible to travel on AP him being unemployed?

    my friend went to India for 4 month Vacation.

    1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company

    As long as you prepared tos how required papers ..no issues