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  • koti
    10-29 01:03 AM
    Thanks for all your suggestions guys.

    Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.





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  • akred
    07-07 11:03 PM
    Yes, as long as you meet these conditions -

    1. You lived in the US for 183+ days in the tax year or

    2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.





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  • newhandle
    03-05 08:17 PM
    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic

    As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

    I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?





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  • Funky_Monkey
    09-10 11:32 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.



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  • Blog Feeds
    10-30 12:30 PM
    http://4.bp.blogspot.com/_HrmmM9Zhq1c/SurcX41g7OI/AAAAAAAAARE/9rIITAzGTIQ/s320/uscisLogo.gif (http://4.bp.blogspot.com/_HrmmM9Zhq1c/SurcX41g7OI/AAAAAAAAARE/9rIITAzGTIQ/s1600-h/uscisLogo.gif)

    USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



    The Fact Sheet explains that "public charge" means

    an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

    The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

    Children's Health Insurance Program (CHIP)
    Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
    Housing benefits
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
    Non cash benefits under TANF such as subsidized child care or transit subsidies
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.
    https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)





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  • kirupa
    02-13 04:10 AM
    Real soon : http://www.kirupa.com/forum/showthread.php?t=319830 :)



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  • vsrinir
    06-12 03:30 PM
    http://www.politico.com/blogs/bensmith/0609/White_House_postpones_immigration_meeting_again.ht ml


    June 12, 2009
    Categories: White House

    White House postpones immigration meeting, again

    The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.

    But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.

    Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."

    "They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."

    UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."



    By Ben Smith 01:00 PM





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  • ajay
    03-02 10:15 AM
    There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!!
    It is completely a difficult situation we are in if we are into any trouble.



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  • TexDBoy
    09-10 11:44 AM
    If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.

    It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.

    The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.

    I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...





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  • gc_on_demand
    08-05 04:34 PM
    If you start now and if get ur labor in 2-3 months chances are good for Eb2 that dates will be close to current by end of next year. So u can have EAD.

    If congress passes HR 5882 then Eb3 should be current. Depends on company I 140 is not taking more than 1 year average for non concurrent filling.

    Assuming some relief to EB community Eb2 will take 2-2.5 years and Eb3 may take upto 4 years. Everything is based on assumption here.

    To get GC you need to be in line sooner or later then why not now..



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  • gc_chahiye
    08-19 12:40 AM
    I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice

    if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.





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  • eb3_nepa
    08-13 09:41 AM
    You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion



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  • pnagar
    05-16 10:32 AM
    My $100..

    Paypal ID #8BB01536AL566510N



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  • realizeit
    08-18 11:26 AM
    Few months back, I used AC21 to move from my previous employer to current. Before doing that I contacted a senior attorney at murthy law firm with all my questions. You can take such an appointment with murthy law firm or other major law firms and ask your questions.

    In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.

    So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.




    Guys,

    I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..


    Description in Labor

    Occupation Title in Labor - Comp. and Info. Systems Manager
    Job Title - Information Technology Project Manager

    Job Description in Labor:
    Plan and direct information technology products and software application
    development. Technical environment includes ERP/CRM: Oracle Applications, Web
    Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
    Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
    DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
    Visual Basic, CICS,Weblogic and Websphere.


    New Job

    New Job Title - Lead Application Integration Specialist

    Job Description:

    Plan and direct information technology products and software application
    development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
    Designer, Eclipse, Xml Spy



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  • guesswho
    03-13 04:58 PM
    Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.

    The drawbacks I can think of -
    - ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
    - I don't know how it will affect your pending AP application.


    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

    Pls take a moment to reply





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  • ksrk
    06-02 03:51 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.

    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.



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  • snathan
    05-15 10:49 AM
    Hi Pappu,

    How about 10000+ people sing a single letter and send it to every congressman/woman or senator. When you ask people to send letter to all congressman/woman they won�t. But i believe they wont hesitate to just sign one letter. Let me know if it�s useful





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  • bestin
    05-15 10:20 PM
    Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all

    My qualifications are

    Bachelors in engineering - 4 years
    Masters in computer science - 2 years in US

    Experience of 6 years in software dev

    My job requires BS+5 years only , Masters in not a requirement.

    Can I file in EB2 ...could you please elaborate your experience in eb2 .
    Yes You Can.My 140 is still pending in EB2 category.

    Mine is BE-4 Years
    7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.





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  • kum31
    10-01 09:53 PM
    hi ,

    Here is my situation.

    (employer) -> (middle vendor ) -> prime vendor -> (End client ).

    I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .

    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.

    is there any way that he can even do this ?

    - Thanks in advance.





    sdrblr
    09-01 03:19 PM
    If you (or her ) do not get the card by 2nd week, make an infopass appointment and get the PP stamped.


    I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.

    We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.

    I really for your help in Advance.


    Thanks,
    Lotus





    vishwak
    02-11 01:18 PM
    You need to verify what they are feeling and why they are filling in forms.

    Should have knowledge of process and you should be fine with any Attorney.
    Unless you go to THE CHEAPEST ATTORNEY who never has experience in handling tough scenarios.



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