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  • duttasurajit
    10-18 02:22 PM
    I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.

    I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.




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  • amitjoey
    05-28 12:27 PM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....


    PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
    In the meantime, get 3 years extension on your H1, based on approved I140.
    Check w/lawyer.




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  • gcwait2007
    12-06 06:43 PM
    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.




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  • yabadaba
    08-14 01:02 PM
    Sorry but I didn't get what your "Yes" pointed to.
    is OP wrong or right in his assumption?

    Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D

    Thanks,
    Nik
    the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?

    how would uscis have the ability to decode between a direct hire and a non direct hire application?

    abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.



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  • Raksha
    12-11 06:26 PM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?




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  • rahulpatel
    08-14 04:35 PM
    Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.



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  • eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.




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  • eb2dec2005
    10-28 04:01 PM
    I think they have started Receipting Delays at NSC. By the way, did you have any RFE on your I-485 in Aug/Sept. 08.

    Nope, i did not receive any RFE's so far.However, there has been a soft LUD on our I185 cases on 9/17.



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  • purplehazea
    05-11 01:31 PM
    I spelled out the problems as much as I could with the limited time I had! I spoke as Amit, Irvine CA

    I really hope they put it out there. And just for my satisfaction there was an illegal who got legalized via 245i before me so that I could question the backlog these people add!




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  • morchu
    05-04 12:37 PM
    AR11 is legal requirement. And that is the first step.

    But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

    What is the second step you are referring to? I thought only an online AR-11 is good enough.

    I will be changing my address next month (same zip code and state).



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  • deecha
    08-06 11:17 AM
    I filed my EB3 LC Substitution I-140 with the copy of the labor. It has been pending since June 2006.
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.




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  • doubleyou
    05-19 01:30 PM
    Hi Did anybody else get response as background check and what is there experience



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  • newbee7
    07-05 12:14 PM
    ^
    ^
    ^




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  • deecha
    02-26 12:28 AM
    If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

    All these forms are available at the USCIS website.

    They will ask you to come for fingerprining at a biometric center in a few weeks.

    After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

    Goodluck with the process !

    Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.



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  • NJpatel
    08-04 04:11 PM
    In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.



    My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

    Thanks again to all your responses.




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  • yabadaba
    04-23 09:03 AM
    u have to wait till ur 140 is approved...it will tell u which category uscis processed it under.



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  • amitjoey
    06-09 02:29 PM
    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

    India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!




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  • kumar.yerr
    12-15 05:36 PM
    I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.

    I do have a genuine job and had been working for the same client since the day I started working in the US..

    VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.

    Below is conversation:
    1) DS-156, 157 & Passport
    A) I handed him those docs.
    2) Are you returning to the same job?
    A) Yes sir
    3) Can I see the client letter?
    A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
    4) Can I see your Paystubs?
    A) Gave him all the paystubs since May 2007.
    5) Why are the amounts different in paystubs?
    A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.

    He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.

    Couple of questions:
    1) Should i drop my passport along with all other documents?
    2) What is the success rate and
    3) Why do they usually issue an Yellow slip?

    Any help is greatly appreciated..

    Thanks and Regards..




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  • GCapplicant
    08-10 05:35 PM
    I think this person is just making fun.Whatever he is stating here cant be true just creating confusion-It cant be India.
    this is his first post too.




    munnu77
    04-16 01:55 PM
    Any one from Sugarland (Houston TX)? Its rated one of the best place to buy the house NOW .
    http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html

    How is the IT job market there? who are the big employers in Houston area?


    not a good place for IT...dallas or austin is better than houston...




    alisa
    12-17 12:10 PM
    My Labor was rotting in BEC, and so I moved to another role, and will now have a PD of 2007 as a new labor will be filed, Rest of the world, EB-3......

    Got any predictions?????

    Mine are 1 year (if legislation goes through), to 12 years (if it does not.)



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