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  • cris
    08-30 10:22 AM
    many thanks to all you guys answered and clarified my issue .




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  • ags123
    07-26 06:23 PM
    Per Lawyers response both AOS and CP are possible. When I mentioned 180 days the lawyer mentioned it is 2 yrs not 180 days for follow to join.
    As long as marriage is before 485 it can be applied.

    My question is where to file and I am going to go with Nebraska for now as I cant conclusively get any official source which says chicago lock box.

    A




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  • buehler
    06-03 09:57 AM
    The link says all the majors considered as STEM. If you choose Browse by STEM discipline - those are the STEM disciplines..

    Read carefully. It states that those are the occupations that might require a degree from those STEM Disciplines. For e.g. If you see under Life Sciences, it states that Farmers might require a degree in Life Sciences.




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  • pani_6
    01-21 04:39 PM
    :)Action now



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  • zCool
    04-16 11:37 PM
    check expiry date on your passport. Visa date can not extend beyond Passport expiry date.




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  • akred
    06-02 09:18 PM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.

    I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.



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  • kumar1
    07-20 11:20 AM
    Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.




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  • beautifulMind
    06-16 10:10 AM
    Are you sure of this..This is very important for my wife. Her F1-OPT begins in October and I feel that the I-485 EAD may not come till then. She also has a job offer to start in october so we are thinking that it should be ok to start working on F1 OPT till we get our 485-EAD and eventually shift



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  • tnite
    07-26 10:02 AM
    Hi

    I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

    What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

    Or better to apply EAD for me (not to my wife) after the I-140 approval?

    Please help me..

    Thanks in advance.

    --Raj

    Applying for EAD doesnt change your status from H1B to AOS. Using the EAD to get a job will change your status.

    If you continue working on H1B , even if your I140 gets rejected you're still on h1B.
    If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this




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  • eldrick
    08-16 04:44 PM
    Thanks that made feel better. Thank you again guys for your help.



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  • desi3933
    03-03 11:54 AM
    Thank you Desi!
    Man, that is one heck of confusing language, I am still trying to understand it.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.




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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.



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  • gc28262
    12-19 11:36 AM
    These articles are nothing new. Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.
    However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!

    The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.

    If you think you displaced some americans, please give back their jobs and leave the country.:rolleyes:. Your GC status need not stop you from doing so.




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  • GCAmigo
    11-30 02:42 PM
    I would say don't do anything.. if the card comes in mail, enjoy it.. else enjoy the wait!



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  • illusions
    08-31 12:06 PM
    Prashant --- lol now that's scientific :D

    prince_waiting: I couldn't agree with you more. Rather than fixing the problem this poll covers up the harsh truth that most American's are not upto the jobs that it's own society demands. Most people think that H1B candidates are brought in as cheap labor. Which is not the case, we all know that we get paid the same as any American in the same field, if not higher.

    Mr. Dobbs has shot himself in the foot, yet once again.




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  • Oasis52
    05-16 09:06 AM
    Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

    But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

    So thats something i am trying to sort out.



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  • vani
    08-26 11:39 AM
    Thank you very much for your prompt reply. Greatly appreciate.
    I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
    I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

    Regds,
    Vani




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  • dpp
    10-28 02:56 PM
    Lynne,

    I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

    I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

    DPP

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

    Lynne




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  • psaxena
    10-20 12:38 PM
    RealClearPolitics - Election 2010 - Iowa Senate - Grassley vs. Conlin (http://www.realclearpolitics.com/epolls/2010/senate/ia/iowa_senate_grassley_vs_conlin-1217.html)



    This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses




    vegasbaby
    02-19 07:12 PM
    thanks guys for making the effort to understand my situation.

    I now need a couple of clarifications:

    Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.

    So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).

    Is that understanding correct? - yes.

    Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.

    Are my assumptions correct?

    Thanks much

    check above -




    LostInGCProcess
    01-08 11:23 AM
    I don't think so. I applied for AP on my own - and I got only 2 copies, not three.

    I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.



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