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Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". One education evaluator said my degree is equivalent to electrical engineering which I disagree. I believe it is equivalent to Computer science. So two questions:
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
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sk.aggarwal
02-21 07:28 PM
Would recommend doing an appeal for perm. That will keep perm active while your H1 gets processed.
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Hi All,
My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?
Thanks
Yes, company B can file for extension of your H1 for 1 yr by attaching proof of labor filing showing it has been filed and its pending for more than an year.
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She is already a big supporter of hi-tech legal immigration. Its good to receive a response from legislators.
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mzdial
January 20th, 2004, 11:40 PM
Here's to wondering if the 14n isn't moving.. I've personally seen just a couple actually in the field, not a favorite of news photogs and I'm not sure what market is picking them up.
It's tough to compete with all of the emerging DSLR's and that's obviously good for us consumers.
View Full Version : Got a letter from a Member of Congress in response to our web fax campaign...
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A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.
I can't find the document, but he swears that he read it..
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waitingforead
09-03 04:38 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
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Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
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You do need an H1 amendment. Had you applied for an LCA prior to starting your work in the new location, an amendend H1 would not have been required. But since you have already started working, you will need a new LCA and a new H1
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martinvisalaw
07-29 02:51 PM
hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization.
Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).
Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.
Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)
Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.
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I got the LUD on the same date (Soft LUD) but didn't call to check on the status.
mine is at CSC.
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Thanks for the link, I was reading it and towards the end there was statement
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
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987Image
July 26th, 2006, 07:30 PM
I loved the first shot showing both the guy and the bird looking intently down into the river. And yes he is no friend of the fishes
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The other day had a friend at my place and I felt like throwing him out of my house. These guys are crying by their asses days and night. Believe me he is the guys whose wife drives him to work because his DL expired and PA DOT is not issuing him License because he has less than 1 year visa. But he was talking this government, that government..... I asked him to keep quiet and watch, if we are successful you'll get a free ride, if not then keep crying through your ass, you're doing it anyway!!!!
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I have ETA number for my application, is there any way to get PERM related information out of it for pending application? Is ETA number enough for AC21?
Any help please?
Thanks in advance.
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Gravitation
01-29 02:09 PM
Let's post about IV at our local craigslist chapters. We can't afford to slack off.
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I'm curious if anyone has got multiple RFEs on their I-485 application. I had an EVL RFE last year and wonder about the chances they'll give that (or any other) RFEs again in future.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
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My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
ChainReaction
08-08 11:53 AM
Hi ,
Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?
Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.
mariner5555
05-27 04:02 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
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