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  • chanduv23
    03-26 08:58 AM
    I used jet last week... 1208$ great food and service.. and the inflight entertainment was awesome !:D

    Can u define awsome :D:D:D some thing like hooters airline :D:D - take it easy, just kidding





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  • malibuguy007
    12-21 12:37 PM
    Munna Bhai and Walking Dude, if you don't have anything constructive to add, and you cannot encourage others, then please do not litter the forums.





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  • frostrated
    08-10 10:09 AM
    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.

    140 is on your name and not your wife's. You do not have to show that you are trying to apply for GC. Your sponsorship for your wife is coming from your status as a H1B. IT does not matter how many times you do COS. What matters is the last status you hold, which is H4. B1 to F1 might be an issue, but you dont have to worry about it as your are H4 to F1.

    If college is only providing I-20, no problem. Once you get the I-20, you can apply for COS yourself. You will need to provide a copy of the I-20, ability to pay for at least the first year's of study (bank statements and a letter from the bank, your salary slips as the sponsor, a letter from your employer that you are employed by them and the pay that you are getting - dont need to have skill set like in an employment verification letter), a letter from your wife requesting transfer of status to F1 and the letter should also state that she intends to return to her country of residence (India in your case) at the completion of her studies. Make sure you do not mention about any GC related info. The moment you mention that, it raises a flag and might involve the issuance of a 221(g) - intention to immigrate to the US. A student visa is a non-immigrant intent visa and not a dual-intent visa like a H1B.

    If you have any questions, send me a PM and we can discuss.





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  • Ann Ruben
    06-29 03:00 PM
    Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.



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  • InTheMoment
    06-16 04:50 PM
    I guess the initial question my miguy still remains unanswered.

    His question was about the validity period of the card and the start date of that validity period that is printed on that card and not the date when you activate the EAD status.

    any answers there ?





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  • ilikekilo
    09-07 07:56 AM
    hey who cares, if thats the case..I will certainly not complain...

    who knows something might be brewing up....4 good



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  • mbawa2574
    02-11 07:52 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?

    IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.





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  • H1InTrouble
    09-21 02:30 PM
    Hi,

    Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.

    My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.



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  • gc28262
    03-26 10:22 PM
    Why would an entry on AP not apply here?

    also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?

    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.





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  • rajenk
    07-19 07:27 PM
    What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
    Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?

    It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

    The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!



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  • kalwinhobbess
    08-28 06:16 PM
    Its writern in the RFE. I got an RFE and in that letter its clearly mentioned by when you need to submit the required docs.





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  • srkamath
    07-16 05:39 PM
    Is there offered salary criteria associated with this category?
    Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.

    Clear as mud??, i hope i have explained it well ...



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  • sayonara
    09-11 06:20 PM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

    Did your 485 get transferred to another center?

    I am asking because my 485 was filed in NSC, went to CSC (along with my EAD and AP) and I got a transfer notice from CSC that my 485 has gone to NSC and the RD is 28th (I am a July 2nd NSC filer). Trying to gauge if my 485 receipt notice will have Aug 30th or July 2nd date.

    TIA





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  • ingegarcia
    08-29 02:53 PM
    ................Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

    I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.



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  • hkusumadi
    03-27 01:45 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.
    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?





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  • jaggu bhai
    08-10 08:42 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks



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  • neobuddha
    08-28 02:02 PM
    I went through this experience. My I-140 was approved but never received any receipt or approval notice. Finally, my lawyer had to file I-824 (To request further action on an approved application or petition). This is a slow process and it took about 10 months for us to get the duplicate approval. All other request for sending the copy of approval notice etc did not work.

    All the best.

    -NeoBuddha

    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,





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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram





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  • jonty_11
    08-06 12:46 PM
    did u happen to call USCIS Cust Service...which may have trigerred your approval?





    northstar
    11-25 05:56 PM
    You should be ok, just send them the papers again





    Blondygirl
    02-21 03:13 PM
    thank you everybody for your input! you have certainly helped me narrow down my searching!!!



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