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  • vin13
    09-30 03:25 PM
    I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?

    how would you know if you have to get your FP done again...would you get an RFE or something like that?





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  • jthomas
    04-24 12:47 PM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.

    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL





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  • jayleno
    08-13 10:32 AM
    What happens if everyone opens a thread for each goldmedal?...

    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.





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  • veni001
    01-18 05:48 PM
    How u know that the chances are 95%? Why can't it be 5%? :D

    Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)



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  • chanduv23
    06-19 12:00 PM
    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D

    My dad had GC in 70s, he came and went back to India to pursue a lucarative job.
    He is currently here on a visitor's visa and during the visa interview at Chennai, he showed his expired green card - and they confiscated it (after 30+ years of expiry)and gave him a tourist visa.





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  • immilaw
    09-18 04:13 PM
    If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..

    As of now you are EB3

    Correct me guys if i am wrong

    H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.



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  • legaleagle
    06-08 02:50 PM
    Thanks Dhundhun,
    I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.





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  • leo2606
    10-15 09:48 PM
    Yes but where did you do your Bachelors and in what?
    Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).



    No I did MS in computer Science from here only



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  • garybanz
    01-14 03:15 PM
    Check your local Library, My Library in Tx holds many networking events and free classes for members to get a good understanding of entrepreneurial tasks.





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  • leo2606
    11-13 09:45 PM
    First thing Draft a strong letter to DOL about this guy, send an email to your old employer and tell him if he doesn't respond with in X mount of time you are going to complain to DOL.Ask him to look at the attched complain which you will be sending to DOL.

    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest



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  • indyanguy
    01-30 01:03 PM
    My EB2 labor was filled (different company) as Software Engineer (Level III)
    When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
    15-1032.00 - Computer Software Engineers, Systems Software

    Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?





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  • sheela
    09-25 01:47 PM
    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.

    How to know whether NC is cleared. Is there a number to call for confirmation?



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  • roseball
    07-11 12:52 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...

    Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...

    So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..





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  • GCBy3000
    06-19 11:07 PM
    No one is saying this is what is going to happen 100%. It is all educated guess with whatever data in hand as of today.

    Any person who has filed labor 2+years back would be having the required data to guess the PD. Most of the people know more than immigration attorney in US about the entire labor process. USCIS is educating all of us with immigration law, senate, congress, Bills and the entire US political system.

    If I get GC, I will try to become an attorney or a senator.



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  • hazishak
    10-20 10:37 AM
    Mine was around the same time. Not even a LUD. Processing time is hopeless.





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  • kaisersose
    10-11 02:17 PM
    There is no problem here.

    In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.

    If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.

    Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.

    In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.



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  • ken
    04-10 01:57 PM
    Then its possible.. depending from where GC was filed...

    Call them and lets us know what you find out...


    No my employer is not florida based





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  • Lasantha
    02-18 12:07 PM
    I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.

    Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..





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  • Shujaat
    05-15 07:19 AM
    I had my diploma in Mechanical engineering (3 - Years) and B.E. in mechanical engineering. My job requirements were Bachelor's Degree plus five years experience. I don�t remember evaluations agency name now but I will get that for you tomorrow.

    Yeah, plz





    vamsi_poondla
    03-21 03:03 PM
    My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)

    I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.

    Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.

    Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?

    Thanks





    mmk123
    04-16 07:32 PM
    My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.

    They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.

    What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.

    Appreciate your help,
    thanks!



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