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  • rockstart
    10-29 09:32 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.




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  • chirutha
    09-26 05:15 PM
    Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.




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  • devang77
    07-06 09:49 PM
    Interesting Article....

    Washington (CNN) -- We're getting to the point where even good news comes wrapped in bad news.

    Good news: Despite the terrible June job numbers (125,000 jobs lost as the Census finished its work), one sector continues to gain -- manufacturing.

    Factories added 9,000 workers in June, for a total of 136,000 hires since December 2009.

    So that's something, yes?

    Maybe not. Despite millions of unemployed, despite 2 million job losses in manufacturing between the end of 2007 and the end of 2009, factory employers apparently cannot find the workers they need. Here's what the New York Times reported Friday:

    "The problem, the companies say, is a mismatch between the kind of skilled workers needed and the ranks of the unemployed.

    "During the recession, domestic manufacturers appear to have accelerated the long-term move toward greater automation, laying off more of their lowest-skilled workers and replacing them with cheaper labor abroad.

    "Now they are looking to hire people who can operate sophisticated computerized machinery, follow complex blueprints and demonstrate higher math proficiency than was previously required of the typical assembly line worker."

    It may sound like manufacturers are being too fussy. But they face a real problem.

    As manufacturing work gets more taxing, manufacturers are looking at a work force that is actually becoming less literate and less skilled.

    In 2007, ETS -- the people who run the country's standardized tests -- compiled a battery of scores of basic literacy conducted over the previous 15 years and arrived at a startling warning: On present trends, the country's average score on basic literacy tests will drop by 5 percent by 2030 as compared to 1992.

    That's a disturbing headline. Behind the headline is even worse news.

    Not everybody's scores are dropping. In fact, ETS estimates that the percentage of Americans who can read at the very highest levels will actually rise slightly by 2030 as compared to 1992 -- a special national "thank you" to all those parents who read to their kids at bedtime!

    But that small rise at the top is overbalanced by a collapse of literacy at the bottom.

    In 1992, 17 percent of Americans scored at the very lowest literacy level. On present trends, 27 percent of Americans will score at the very lowest level in 2030.

    What's driving the deterioration? An immigration policy that favors the unskilled. Immigrants to Canada and Australia typically arrive with very high skills, including English-language competence. But the United States has taken a different course. Since 2000, the United States has received some 10 million migrants, approximately half of them illegal.

    Migrants to the United States arrive with much less formal schooling than migrants to Canada and Australia and very poor English-language skills. More than 80 percent of Hispanic adult migrants to the United States score below what ETS deems a minimum level of literacy necessary for success in the U.S. labor market.

    Let's put this in concrete terms. Imagine a migrant to the United States. He's hard-working, strong, energetic, determined to get ahead. He speaks almost zero English, and can barely read or write even in Spanish. He completed his last year of formal schooling at age 13 and has been working with his hands ever since.

    He's an impressive, even admirable human being. Maybe he reminds some Americans of their grandfather. And had he arrived in this country in 1920, there would have been many, many jobs for him to do that would have paid him a living wage, enabling him to better himself over time -- backbreaking jobs, but jobs that did not pay too much less than what a fully literate English-speaking worker could earn.

    During the debt-happy 2000s, that same worker might earn a living assembling houses or landscaping hotels and resorts. But with the Great Recession, the bottom has fallen out of his world. And even when the recession ends, we're not going to be building houses like we used to, or spending money on vacations either.

    We may hope that over time the children and grandchildren of America's immigrants of the 1990s and 2000s will do better than their parents and grandparents. For now, the indicators are not good: American-born Hispanics drop out of high school at very high rates.

    Over time, yes, they'll probably catch up -- by the 2060s, they'll probably be doing fine.

    But over the intervening half century, we are going to face a big problem. We talk a lot about retraining workers, but we don't really know how to do it very well -- particularly workers who cannot read fluently. Our schools are not doing a brilliant job training the native-born less advantaged: even now, a half-century into the civil rights era, still one-third of black Americans read at the lowest level of literacy.

    Just as we made bad decisions about physical capital in the 2000s -- overinvesting in houses, underinvesting in airports, roads, trains, and bridges -- so we also made fateful decisions about our human capital: accepting too many unskilled workers from Latin America, too few highly skilled workers from China and India.

    We have been operating a human capital policy for the world of 1910, not 2010. And now the Great Recession is exposing the true costs of this malinvestment in human capital. It has wiped away the jobs that less-skilled immigrants can do, that offered them a livelihood and a future. Who knows when or if such jobs will return? Meanwhile the immigrants fitted for success in the 21st century economy were locating in Canada and Australia.

    Americans do not believe in problems that cannot be quickly or easily solved. They place their faith in education and re-education. They do not like to remember that it took two and three generations for their own families to acquire the skills necessary to succeed in a technological society. They hate to imagine that their country might be less affluent, more unequal, and less globally competitive in the future because of decisions they are making now. Yet all these things are true.

    We cannot predict in advance which skills precisely will be needed by the U.S. economy of a decade hence. Nor should we try, for we'll certainly guess wrong. What we can know is this: Immigrants who arrive with language and math skills, with professional or graduate degrees, will adapt better to whatever the future economy throws at them.

    Even more important, their children are much more likely to find a secure footing in the ultratechnological economy of the mid-21st century. And by reducing the flow of very unskilled foreign workers into the United States, we will tighten labor supply in ways that will induce U.S. employers to recruit, train and retain the less-skilled native born, especially African-Americans -- the group hit hardest by the Great Recession of 2008-2010.

    In the short term, we need policies to fight the recession. We need monetary stimulus, a cheaper dollar, and lower taxes. But none of these policies can fix the skills mismatch that occurs when an advanced industrial economy must find work for people who cannot read very well, and whose children are not reading much better.

    The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.

    The opinions expressed in this commentary are solely those of David Frum.

    Why good jobs are going unfilled - CNN.com (http://www.cnn.com/2010/OPINION/07/06/frum.skills.mismatch/index.html?hpt=C2)




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  • srarao
    07-23 12:26 PM
    It does not matter who signs . I just wanted to know .



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  • GC20??
    08-20 09:51 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?
    Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.

    Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?

    "Post Decision Activity

    On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."




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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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  • BECsufferer
    08-19 12:35 PM
    No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................

    Really dude...LOL. Grow up

    Put ur head together and tell me is it too difficult to tell where he is from?




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  • nvmurali
    06-02 04:39 PM
    You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.

    Hope it helps.


    _________________
    Not a legal advice.

    Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)



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  • EndlessWait
    01-15 11:53 AM
    lol.. i love this capitalistic society...




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  • bandhu
    02-04 04:22 PM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.



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  • cortel
    09-20 10:40 AM
    To be honest, I am not happy with the NPR feature. Here is why: in the minds of most people, skilled immigrants just come here in masses, and within a blink of an eye, they get their green cards. They don't know how long and bothersome the way to an employment-based green card is. The feature focuses on letting more skilled immigrants come to the US, and having more green cards available without a mention of the problems with the current process. That means: they missed that we all are already here, and have been waiting for years to finally have our green card approved. I think it'll be misunderstood by all who don't know anything about the process. So in a way: this is an opportunity missed for disseminating more information about our situation. (Also, I bet that the picture posted was not taken at our rally.)




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  • Desi4GC
    08-07 08:47 PM
    Hello members,

    I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
    How should I present this on form I-485 (question about citation/arrest)?



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  • brb2
    08-23 06:06 AM
    Master's and higher, outside US has to be in the STEM fields to qualify.
    Dixie and Other experts,

    See copy-paste from the bill below:
    It seems that Aliens who have earned Masters degree outside US 'AND' has
    3 years experience in related field are listed along with those who have
    masters or higher degree from US.

    check sections (F), (I) and (K) below.

    Does it mean non-US masters with 3 years exp too shall be excluded from
    the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
    field in the United States in a nonimmigrant status during the 3-year
    period preceding their application for an immigrant visa under section
    203(b).


    ------------------------------ Copy paste ends --------------------




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  • martinvisalaw
    04-02 01:18 PM
    As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.



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  • prasadn
    02-04 02:08 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.

    Thanks,
    Prasad




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  • mzafar125
    08-16 05:24 PM
    Hi,
    When did you file the I 485 and EAd application for your wife..what ws your PD?
    Thanks

    We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.



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  • iwantmygcnow
    10-15 09:42 AM
    I am new to IV. what is an SR?




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  • kondur_007
    08-13 09:32 PM
    Can you please tell us which service center you send your application to?

    Thanks.




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  • kalyani_kontham
    06-27 02:36 AM
    Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.




    prdgl
    06-28 12:06 PM
    The immigration bill before the U.S. Senate just died, likely preventing any more action on the volatile issue until after the 2008 presidential elections.

    Supporters of President Bush's plan to legalize millions of illegal immigrants and create a new guestworker program fell 14 votes short of the 60 needed in a test vote this morning. That vote would have limited debate on the bill and cleared the way for passage later this week, but senators voted 53-46 against that plan, killing the bill.

    The vote was a huge setback for President Bush, who from the beginning of his presidency has sought to change the nation's immigration laws while beefing up border security.

    Republican conservatives, including Texas' U.S. Sens. John Cornyn and Kay Bailey Hutchison, opposed the plan, calling it amnesty for people who broke the law by entering the country without proper documents




    smartboy75
    07-17 06:29 PM
    Get back to work....next you would come up with the idea of personally visiting her....lets no get overboard....send in a thank you note..



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