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  • roseball
    02-09 03:20 PM
    Roseball,

    I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

    HRPRO

    Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.




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  • anurakt
    01-14 07:55 PM
    You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action.


    what's the process for amending H4 and how much time does it take ?




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  • ssss
    08-11 10:39 AM
    i dont see a poll :) Are you expecting every one to post on this thread ?




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  • coolgc
    05-08 01:41 PM
    Gurus,
    My PD is 2006 (EB2-India). I have approved I-140 under eb2 category. My wife is in AOS status. I am planning to file new I-140 under EB1 (for which I am qualified). If for some reason, my I-140(EB1) gets denied, will that affect my I-485 under EB2? Please share your thoughts.

    Thank you and appreciate your reply.



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  • xyz2005
    06-21 01:45 AM
    Hi Gurus,

    My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.

    My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.

    I got the below RFE from CIS :

    The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.

    Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.

    An acceptable evaluation must:

    1) Consider formal education only, not practical training experience
    2) did the applicant complete the U.S equivalant of high school before entering college
    3) Provide detailed explanation of material evaluated
    4) briefly state the qualifications and experience of the evaluator providing the opinion

    The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.

    Thanks,
    Sekhar

    I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

    All the best.
    Best Regards




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  • GCNirvana007
    08-23 10:31 AM
    Guess we call it official - No one pending prior to Oct 1st 2003 EB2 as far as this site goes



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  • gomirage
    06-09 11:33 PM
    Dear Viewers

    I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.

    Any piece of advice would be of great help.

    You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.




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  • arnab221
    08-13 10:40 AM
    Lets do it LAGAAN style . Play a Cricket / American Football match with USCICS .


    1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D



    2) If USCIS wins then let them introduce double retrogression . :mad:



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  • msyedy
    12-13 12:49 PM
    sheshadripv

    If I say that yes you can travel without a visa, will you believe me.........
    Ask a travel agent man...

    Yesterday they allowed without valid visa..... today they need a valid US visa.

    We are not travel agents... You can get a valid answer from them.




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  • apnair2002
    05-02 06:21 PM
    >>>>>>>>>>>>>



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  • radhay
    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.




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  • EndlessWait
    07-27 01:47 PM
    Heard back from the attorney - filing after Aug. 17th.
    my lawyer says with all this VB backand forth. Technically for those who want 3 yr extension should file after 17th August. Because although the Aug VB is "U", July VB is active for those eligible till 17th..So safer options is 18+



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  • pdakwala
    02-24 04:50 PM
    Hello everyone,

    Here is the comparison from AILA. Like it or not. You have only two option: Take it or live it. Thanks

    Cheers




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  • senthil1
    01-12 01:13 PM
    You cannot use your Priority date if it is denied.

    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...



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  • snathan
    08-16 12:35 PM
    My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..

    RV

    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.




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  • anurakt
    10-20 04:43 PM
    EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.

    EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)


    So can I take a loan and open a business to get EB-5 green card ??



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  • krishmunn
    02-09 07:12 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?




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  • seaken75
    11-01 01:36 PM
    The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
    FOR CERTAIN NONIMMIGRANTS

    and this extension is valid till on or before April 25, 2003

    for the following

    And you were last admitted to the United States as a nonimmigrant on or before
    September 30, 2002; and
    � If you are a male, born on or before February 24, 1987; and
    � If you did not have an application for asylum pending on January 16, 2003, or if you are
    not otherwise exempt as described in the attached questions and answers; and
    � If you will remain in the United States at least until April 25, 2003.


    So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....


    The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.

    Is my lawyer and me the only people that interpret it this way?




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  • sertasheep
    09-04 08:43 PM
    Bump




    chakrijs
    02-15 09:12 AM
    Hi rvr_jcop

    Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.




    Raj Iyer
    09-22 04:55 PM
    Hi:

    Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.

    Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
    But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.



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