Tuesday, June 7, 2011

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  • seeker_gc
    06-17 09:43 PM
    All
    First of all, sorry to open a new thread for my problem, but didn't find a related thread.

    I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
    Iam very much worried if it will effect my chances of getting GC.
    Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

    Please guide me.

    Thanks in advance.




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  • damialok
    05-13 01:52 AM
    USCIS will attempt to reconcile multiple 485s and combine them into one app. A lot depends on the A# assigned(should be present on the 485 receipt). If both your receipts show the same Alien number then you should be ok. If not that goes to the 'admin processing' procedure.

    Even if your A# is same on both 485s, you should call USCIS and check to see if both the apps have been combined. That way once one of your 485s is approved the other will be given a NOID and you can withdraw the other app.

    NOTE: On your one of your 485 appl, you should have marked yes for the question regarding previous/other 485s.




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  • tom123
    10-08 02:56 PM
    Hi,

    Active trader / Passive Trader hmm !!! interesting.

    1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )

    2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others

    FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )

    Hope you make some money.




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  • cleopatra
    02-07 10:03 AM
    My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.

    My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.

    I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.

    How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?

    Any help is greatly appreciated.



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  • AmitBohra
    04-17 10:23 AM
    Hi Gurus,
    Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.

    I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.

    Thanks
    AB




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  • ivar
    07-12 06:30 PM
    Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.



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  • ardnahc
    08-14 12:34 PM
    for posting USCIS processing times

    https://egov.uscis.gov/cris/processTimesDisplay.do

    NSC - I485 - Sep 15 2007
    TSC - I485 - Aug 30 2007

    Cheers,
    Ardnahc




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  • mbartosik
    02-20 07:21 PM
    As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
    EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.

    If that is the case, we can all think of a few reasons why that might be.



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  • h1bjava
    03-20 02:08 PM
    Hi Coolpal,

    Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.

    Thanks.




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  • shivarajan
    09-20 01:46 AM
    have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p



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  • nat23
    03-09 02:06 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.

    Please advise. Much appreciated - thanks

    Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.




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  • lacrossegc
    08-10 07:29 PM
    both you and your wife should be in US to file for AOS



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  • l8A
    10-05 10:52 AM
    The I-94 is the form you filled out on the plane and had stamped at the port of entry. It should be attached to your passport on the visa page. It will be on the front of the I-94.

    Well, as I suspected, the I-94 was expired a month before the I-485 was filed for my wife. So, do you think that would be a problem?




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  • greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • wizpal
    02-26 09:55 AM
    She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.




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  • rb_248
    12-13 11:06 AM
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram

    Wow...what a find. You must be a well seasoned professional investigative journalist.



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  • GumI485
    01-22 06:35 PM
    Thank you for representating us.


    God bless you all




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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.




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  • RNGC
    02-05 04:41 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.




    mrane1
    07-18 04:19 PM
    ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).

    Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.


    Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!




    GCard_Dream
    07-28 04:43 PM
    Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.

    When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.



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