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  • clockwork
    08-08 12:15 AM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.


    I dont have any better idea than what other ppl are suggesting.....But

    If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....

    Best of luck.





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  • alterego
    12-14 07:00 AM
    In the case of this guy. I can't fault him/her for taking up this option. None of us can. After all, he is playing by the rules right?
    That we are affected does not matter here to the authorities. Why? Once again I ask you guys to realise that this immigration system is here to serve the employers, not you or me. That is why they can justify this.





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  • bestia
    08-31 11:23 PM
    you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!

    Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.

    BTW, the link works without 'www' (stone to abc's IT guys)

    http://abcnews.go.com/Business/story?id=3526093&page=1





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  • willwin
    06-01 12:40 PM
    done.



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  • pointlesswait
    02-12 09:31 AM
    i know a friend whose wife was in the same boat..
    get an attorney and explain ...ur case..
    what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.

    dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)

    take it easy.. you will be all right!





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  • jsb
    12-18 04:20 PM
    Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.

    Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.



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  • jsb
    12-19 09:05 AM
    If I try to use my AC21 then does title matter?

    Example:
    new offer has a title of "Lead software engineer".Current position is "Systems
    Engineer".
    ...
    Iad

    USCIS is not just working on technical people; and they themselves are not technical people. Therefore, just try to have description of new job as close to the original description in LC, as possible (use same words). It is a subjective area. Both titles point out that you are some sort of software engineer, so, I belive, it should be ok. Try to avoid "managing" or "suprervising" in your new job description if it was not in the original description.





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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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  • H4_losing_hope
    02-25 11:01 PM
    my new total 105 ish
    maybe a few more this week.

    If anyone wants about 50 hand addressed envelops to President then PM me.

    May be NORCAL might need them? I will be sending them about 30+ letters this week.

    Cheers!





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  • gkrish
    05-31 02:43 AM
    count is 366 and going strong...!
    Have sent to a few colleagues and friends as well..

    Good luck to all!



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  • FinalGC
    01-05 12:07 PM
    Hi FinalGC,

    What is your defintion of a large project ? How much budget/people/schedule etc should we use for that definition.

    I would say it depends from organization to organization. The way I have seen operating in the industry, one could consider a project large if it has a $1 million budget or more. However, organizations could also consider a program with mutiple small projects with a total budget value greater than $1 million as a large project, where the PM may handle mutiple small projects which will cumulatively have a budget greater than $1mill.

    This is also one way to justify the need of a PM.

    What is the budget of the project is one of the questions that a PM should ask during an interview, so that he/she will know the stability of the project and its longevity.

    Hope that helps.





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  • indio0617
    12-20 10:55 AM
    At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!

    http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf


    GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...



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  • abhijitp
    08-31 06:05 PM
    Thanks so much man! Actually I was all set for Sept 13 but have a work appointment on Sept 18, yet I am even thinking of cancelling that to attend. I don't care how expensive it is. This is historic, just like Martin Luther King's Civil Rights movement! We can make history! It's an investment in our future!

    You voted earlier as a sponsor at
    http://immigrationvoice.org/forum/showthread.php?t=12441

    It seems you contributed to the common IV fund since you didn't hear from us in time on that thread. Sorry to hear that!

    If you are willing to help with even $50 more, it is more than welcome at this time, as there are people waiting for 50% airfare sponsorships and there aren't enough sponsors.
    Please consider.
    Anyways, thanks for all your support for the rally!





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  • desi3933
    02-25 03:29 PM
    I did post about this. We have seen professor's expert opinion letters showing the equivalency to the MA being approved. However, the evidence does point to an equivalency to a BA.

    Thanks for your reply, Sheila.

    Now, since the evidence does point to equivalent to a BA, can this affect already approved petitions that have been submitted with evidence equating it to MS in past.

    You also mentioned in one of the post that you have had 100% success rate equating CA to MS. Now, evidence is pointing to the contrary, I am not sure about the effect on these approved I-140 petitions.

    Once again, thanks for your reply.



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  • smsthss
    06-12 11:10 AM
    Is there a link online for that???





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  • asdqwe2k
    07-02 03:39 PM
    I don't understand about this fees.. I mean, you guys would have spent that money anyway. You may be loosing money for medical examination because it may expire. But the rest is something you would have done anyway.. I don't understand the logic of this thread..



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  • gc28262
    03-11 11:52 PM
    I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
    that.

    That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.





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  • mugwump
    01-04 11:25 AM
    Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.

    Many of those " special buddies" would have diplomatic passports, hence no inspection at the POE

    But i think you can not practice polygamy or bring multiple spouse to the US on non immigrant visa





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  • javadeveloper
    08-21 10:44 AM
    Please refrain from pushing OP to post employer details on public forum. Let it be OP�s weapon of surprise. I wish OP has contacted an attorney for fighting his case. If this is going to be an out of court settlement, then we shouldn�t expect complete details as well. OP's story should be an eye opener for all of us(Employees and Employers).

    Who'z OP?





    jfredr
    08-22 10:33 AM
    Why not GC_sufferer do it for us





    CT_Green
    07-02 03:13 PM
    We spent approximately $1000 (including medical and postal expenses)



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