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  • gonecrazyonh4
    03-20 01:06 PM
    Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?

    http://immigrationpage.com/recentnews.php

    Read below

    The TALENT Bill For Employment - Based - Immigration

    The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:

    * exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
    * create a market-based H-1B cap beginning with a base level of 115,000
    * revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas

    Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package





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  • keepwalking
    05-13 10:41 PM
    Texas Processing Center shows August 11,2010 for
    Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications

    I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....





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  • $eeGrEeN
    08-02 01:48 PM
    Can I inquire from USPS just the status of the money order and not accept any refunds.

    i don't think so. This is what i was told though.

    Better talk to a postal agent at your local post office.





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  • Legal_In_A_Limbo
    01-14 09:37 PM
    please share ur experiences



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  • gcobsessed
    10-23 01:21 PM
    One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
    In the middle of MBA, company had to remove him from payroll due to re-org.
    Green card came in a few months.
    He is now doing a hot shot MBA job using GC.
    Will he face issues during N-400?
    Is there anything wrong in what he did?

    This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273

    ----------
    Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:

    First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.

    Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
    --------------

    So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.





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  • pagalForGC
    06-17 03:54 PM
    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

    Thanks...

    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.



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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.





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  • vinabath
    04-07 11:07 AM
    Thanks to all Guys. I stayed with my current and first employer for almost 6 years and paid my H1 dues. Now comes the freedom from immigration process. I am very happy that my wife will not be in limbo status if something happens to me.

    I hope you guys will reach your destination too.



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  • tonyHK12
    10-20 10:04 AM
    I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.

    Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.

    Yeah I agree, I'm a regular donor anyway. If my GC is getting delayed, then for every year after 2012 I would cut my rent by 100-200 a month :) All other expenses too.





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  • plusme
    10-19 09:37 AM
    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.



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  • willgetgc2005
    04-13 05:34 PM
    Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.


    Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.





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  • bibs
    07-26 01:06 AM
    HI
    What are the documents required for EAD application assuming that I-485 application is already filed?
    At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.

    Thanks



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  • a_yaja
    07-26 09:09 AM
    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document
    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
    You need to send in I-765 form and not I-131. I think I-131 is the form for advanced parole. Other than the form name, the above looks correct.





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  • arunkotte
    07-18 05:51 PM
    Called again to find the same response of Denied.

    The attorney's office is trying to get in touch with USCIS and find more info.

    Meanwhile, planning to use InfoPass to meet with IO.

    Why notice to deny was not sent to me is puzzling me. No RFE's.

    I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).


    Make sure you save a copy of status showing pending today.



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  • Lasantha
    02-20 11:20 AM
    Can you do that even if the earlier I-140 is from another employer?

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.





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  • rockstart
    03-23 01:05 PM
    If you check the video clip of the news the reader mentions it almost at last.

    RIP .....

    The report does not say that they were not wearing seat belts.



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  • bbct
    03-14 05:15 PM
    Which service center did you file your I-485 and how come your I-485 was denied by a local USCIS officer? Are you were called for an interview?

    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...





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  • greencard_fever
    09-19 06:58 PM
    Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..

    http://www.msnbc.msn.com/id/26792948/





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  • sss9i
    08-09 11:35 AM
    What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.

    We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.


    Update from Murthy.com

    USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)





    JunRN
    08-26 03:22 AM
    It seems that all those whose application were sent to TSC, directly or indirectly, are very lucky. TSC has a way to fast-track the processing of applications. It is indeed much more efficient than NSC.





    singhsa3
    07-25 03:55 PM
    That exactly my point too. Any unique protest idea should be shared among us and saved for future use.
    I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.



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