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  • shirish
    03-26 11:32 AM
    According to my knowledge it has to be after the college. You cannot be fulltime employed and full time student at the same time.

    So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.



    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.




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  • pappu
    10-01 12:21 PM
    I suggest reading the documents uploaded here.
    http://immigrationvoice.org/forum/showthread.php?t=5049
    I will be uploading some more documents related to I485 processing later today




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  • Berkeleybee
    02-15 01:34 PM
    Just want to say that the public's opinion is already visible in the "public's" choices -- I mean, it is the US public after all that is refusing to study science and engineering! ;-)

    If PACE gets through, it'll be the medicine that the public doesn't want to swallow. ;-)




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  • punjabi77
    08-06 12:12 PM
    In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.

    I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.



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  • Nil
    11-09 09:19 PM
    ^^^^




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  • mihird
    07-12 10:17 AM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.....

    Dude, the whole system is setup and organized wrongly deliberately..
    In the guise of fairness and promoting racial diversity, the system is deliberately setup so that countries that supply most labor backlog all the time....

    Phillippines for healthcare workers
    Chindia for technology workers
    Mexico for low skilled workers

    This gives businesses that employ the imported labor the opportunity to exploit the employees at will.

    There are always unused visa numbers and oversubscribed countries in the system all the time...this gives politicians the leeway to throttle immigration as they want...through the DOS bulletins...the July fiasco was just an extreme example of this practice....

    Even if a point based system is brought in, the per country fixed quotas will not go away....and thus the retrogression will continue....yes, you qualify through the point based system, but since a lot more from your country qualify too...you go the end of the line...



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  • arnet
    11-24 06:20 PM
    thatz gr8, always dont lose hope, keep trying....good luck...

    Thanks arnet ,
    As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .




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  • ItIsNotFunny
    12-04 04:39 PM
    Hope all is well there - I fly in there in 2 days.

    It was more scare than reality. Security forces are searching....



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  • ambals03
    01-11 11:24 AM
    http://www.gpo.gov/fdsys/pkg/BILLS-112hr43ih/pdf/BILLS-112hr43ih.pdf




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  • jonty_11
    01-16 04:43 PM
    Yes , I am planning to take the test too......



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  • sunny26
    02-26 12:19 PM
    today atlast my 140 approved nsc dec2006 eb3




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  • frostrated
    10-27 12:47 PM
    ...if ppl were sitting back and relaxing after seeing the first report on the USCIS website regarding the 485 numbers. But at least the starter of this thread is an exception to that.If the USCIS dozn't update that doc monthly just like they do with the visa bulletin then something is really fishy and they'd end up fooling us again like they always do.

    BUT THIS TIME WE MUST FIGHT THIS. I really feel that we have a valid reason to.Count me in...I'm not sure how v shud start (class action lawsuit)...IV moderators any ideas/plans to ask for updated reports if the USCIS fails to provide the public with this info???
    USCIS mentioned that they would update the numbers on a quarterly basis, not monthly. And given the end of FY 2009, I am thinking that they will need a little more time to bring the new one out. So I am thinking that they will publish the new numbers either in November or December.



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  • jsb
    09-09 12:57 PM
    No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.

    If case is approved, there is no need to do anything about what you call an unusual approval. Legally, an I-485 can be filed only when visa is immediately available (although we know that is not the case), which he/she did (based on his PD being current when he/she filed his/her I-485). What happens thereafter is all internal matter of USCIS. As far as an I-485 filer is concerned, his/her case is in the works until is approved.




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  • amsgc
    01-22 10:08 PM
    You shouldn't confuse porting I-140 using AC21 and H-1B - these are two different things.

    You can start working for a new employer - using EAD or H-1B, while your I-485 is pending.

    When people say that they have used AC21, they usually mean that they are using the provisions in AC21 (clarified by the Yate's memo), to port their I-140 to a new employer after 180 days of applying for I-485.


    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?



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  • shishya
    09-27 01:12 AM
    y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....

    Helping by suggesting a way out? Wow, thanks! With all due respect, I'd request you to keep your opinion about who should file my H1B to yourself. I had a straightforward simple question, if you do not want to answer, so be it. And please mind your own business rather than judging if I am doing my job or not just coz I seem to be day trading. Think before you post crap. Thank you.




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  • jr8rdt
    11-13 04:21 PM
    ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

    once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?



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  • piyu7444
    05-08 04:48 PM
    Hi, I am not an expert, quoting from things I have read in the past.

    Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.

    Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.

    Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.

    Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.


    Again, I don't consider myself an expert. so take this with a pinch of salt.
    Good luck.
    GCCovet


    Ron Gotcher has some FAQ on his website and it clearly states that informing will delay the process. I do not know how far it is true but thought I should share this info with you. Here is the question and answer from that document....

    Q: Do I have to notify the CIS that I have changed employers?
    A: No, there is no legal requirement that you do so. Indeed, doing so will likely result in the processing of your case being delayed. If the CIS asks you if you have changed jobs, you must respond fully and truthfully, but you do not have to volunteer any information.




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  • immigrationvoice1
    04-04 02:28 PM
    I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.

    Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.

    BTW, what does OP stand for?




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  • shreekarthik
    08-08 11:43 AM
    Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.

    It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.

    For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.




    atlfp
    04-17 09:50 AM
    I think you are confusing it with administrative laws. Legislator makes laws, but they also give power to different government agencies to make laws within their administrative authority. Laws made by legislator go into effect as soon as the president signs it; Laws made by administrative agencies need to go into the whole federal register and other procedures.

    I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though

    Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.

    I really wish that you are right about the first point and I am right about the second ;-)




    gkaplan
    04-22 02:37 PM
    thanks again:
    more questions:o
    1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
    2. how long does it take to get approved for LCA? (if the company does everything correctly?)
    3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
    4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
    5. what happens after USCIS gives an ok? and a 'no ok"?
    6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
    7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?

    Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
    Thank you again.



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