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  • LostInGCProcess
    10-29 02:28 PM
    If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.

    You must be dumb. Did you read the whole sentence and if you cannot comprehend what I am trying to say, you must be incapable of understanding it. I said in TODAYS WORLD. The world is changing very fast. GC process takes 10 years now.
    I am sure whatever technology you are working on, there are 100 more people capable of filling that position as of now. So, even your so called skilled position can be filled within few days. USCIS interprets even today, what the conditions were at the time of filing. Not what the current job/wage or labor market conditions are.





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  • met3259
    05-25 03:21 PM
    This is a very good, logical, sensible analysis.

    I live in the US but I have been to canada a number of times on extended business visits, and my impression was that quality of life is very good over there. Granted, you dont earn as much money (or possess as much in material wealth, as someone put it) as in the US .. but that is compensated for by much safer neighborhoods, good social security and far more immigrant-friendly policies. The immigrants are much more integrated into society there than the US. I realize this may not be true for all regions for canada, but at least in BC and Ontario its very true. So it depends what you are after .. opportunity and earning potential are both better in the US .. but overall quality of life is as good or better over there. The quick turnaround time for permanent residency makes it very attractive for young people like me who havent already invested in settling down in the US .. I would rather live with "limited" opportunity there than remain in the US and be at the mercy of a single employer for 10 years.





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  • sanju
    09-08 08:24 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.





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  • Gravitation
    07-06 03:33 PM
    The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!



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  • pady
    08-20 09:57 PM
    I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.





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  • drona
    08-31 11:26 PM
    Please tell me why you are not going to the Rally? Would really like to see you all there.



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  • mattresscoil
    01-04 12:32 PM
    How many days before expiry can one apply for

    1. EAD extension.
    2. AP extension.
    3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.

    Thank You,
    Bobby.
    Robert Kumar:
    EAD renewal can be filed 120 days prior to expiration.

    AP renewal can be filed 120 days prior to expiration

    EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.

    If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.





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  • arihant
    12-20 01:31 PM
    My colleague's wife has been on H4 for almost 3 years now. She just got a job and her attorney told her about this new law which will let her use her full 6 years of H1B. So, this news does seem to be legitimate as attorneys are sharing it with their clients (I am guessing that they would not share unconfirmed changes in laws with clients, especially if they want to maintain their reputation and continue to work as immigration lawyers!)



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  • nk29
    08-05 12:32 PM
    GCMaine:

    I agree with Eb3Retro... My husband did his PMP Certification on his own.. he used a couple of pmi guides that he bought from amazon.com in addition to the PMBOK book. he worked on this certification for 3 to 4 months and passed it. It is possible. It is quite useful according to him if you want to lead teams. No need to spend money on this training.

    NK29





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  • ivy55
    03-26 05:54 AM
    Anyone in Delaware please reply



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  • Gravitation
    04-13 01:09 PM
    So why isnt EB3 India moving at all ?
    'cause almost all India EB3 visa numbers for this year are gone.





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  • bluekayal
    07-13 03:28 PM
    Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.



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  • sapota
    10-11 05:02 PM
    bcos I was there stuck at BEC with no result in sight for 4 years.

    My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.

    I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.





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  • pd_recapturing
    08-12 06:40 AM
    ^^^^bump^^^^



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  • bluekayal
    02-08 07:48 PM
    Great going! And we are meeting Dianne Feinstein's staff next week as well. Send me a pvt message if you'd like to attend.





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  • vishwak
    11-10 04:02 PM
    Tomm is Veterans Day holiday and as usual person who responsible might have left in noon without posting it.

    I know its rotten joke, please bear with me.



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  • Sheila Danzig
    12-04 10:49 AM
    EB2 cannot combine education or work experience. It must show a single source degree.

    Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

    This can be done for EB3 IF it was stated on the labor certificate.



    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.





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  • spicy_guy
    11-09 12:52 PM
    I have travel tickets booked for 18th this month. No sign of AP yet.
    Can I travel to India without AP and have someone mail AP to India?
    Has anyone done this? Any issues?

    Appreciate your input on this!





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  • Winner
    01-04 02:45 PM
    I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D

    Does USCIS grant a H0(HZERO) Visa? I'm sure many will be intrested in that :)





    gianik
    05-30 12:33 AM
    Thanks for very helpfull and informative posts - everyone.
    Jaime and Mihird - I sent you both private messages with few questions per you postings.
    Thanks again.





    sidm
    04-10 12:38 AM
    That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).

    All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....



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