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  • sayantan76
    06-01 06:55 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(
    you do not need to be on L1A to apply for EB-1 managerial as long as you meet the requirements of being a manager as per USCIS definition. also eb-1 managerial is not a self-file - it needs to be filed by employer.





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  • kaisersose
    07-02 03:26 PM
    Guys,

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    You cannot sue them for any of the above.

    1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

    2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

    3) See (2)





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  • hmehta
    06-20 05:20 PM
    Hi Swati/Aradhana:

    I just sent you an email, I live in the Los Angeles area.





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  • gapala
    06-04 01:08 PM
    Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:

    Let the EB folks live this same life?

    God knows...



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  • kumarc123
    10-22 09:28 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks

    Hello there,
    Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
    So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?

    Hope it helps





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  • qualified_trash
    08-30 12:05 PM
    When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?

    Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
    You are right. The issue is which is more important, the academic studies or the working experience.

    And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.

    If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.

    cheers,
    QT



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  • h1bq
    02-08 12:37 AM
    Hi there,
    In my research I came across L1 visas. I am aware of the qualifications required for L1A. My question is does this visa usually get a Green card in 6 months or so ? Somebody told me these are current and the GC process is less than 6 months ?

    Anyone with personal experience or knowledge do elaborate

    Cheers
    H1BQ





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  • pkv
    07-11 03:09 PM
    NDTV wants to talk to members from New York from diverse nationalities. She already has one person lined up for a TV shoot today. This must happen today.

    Prerequisites:
    - Must have participated in flower campaign
    - Must be in New York
    - Must be from "diverse" nationalities

    Details:

    Sarah Jacob
    Special Correspondent, NDTV.
    172 Ludlow St, 3A
    New York, NY 10002
    646-280-6993
    sarah AT ndtv.com
    What are you guys excited about??? NDTV!!!! they broadcast in India, how does it makes a difference if Indian people come to know about our problems????

    This does not serve any cause, though it may give some fame to immigrationvoice.org, which I think is useless if its not serving to cause.



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  • Anders �stberg
    May 31st, 2004, 03:33 PM
    This duck is crazy, or way too trusting... :D
    (My apologies for sloppy postprocessing and the *slight* lean of the horizon)

    http://www.andersostberg.com/FotoGalleri/albums/userpics/CatchADuck/CatchADuck_5357.jpg

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  • dreamworld
    08-09 02:18 PM
    BS + 5 Years Experience == EB2

    Could we use the 5 years experience from other country? Or should It be from USA?

    Guys post a reply



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  • kaisersose
    07-02 03:26 PM
    Guys,

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    You cannot sue them for any of the above.

    1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

    2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

    3) See (2)





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  • saps
    03-16 03:44 PM
    We are in the same boat. We also filed our I-485 separately through our respective employers but we have not requested to merge the applications yet. From my consultation to an attorney, you have following options:

    1. If you already have receipt numbers for your case, you should send the copies of your I-485 receipt notice and approved I-140 along with your spouse's application. Attach a cover letter requesting to append your spouse's file with yours. That way, you don't have to do a separate step of letting USCIS know later on. Don't forget to include a copy of marriage certificate.

    2. In case you do not have receipt numbers for your case (which was our case), your spouse can fill out his/her application and then wait to receive notice receipts for both of your applications. Notify USCIS about merging your applications. From my understanding, there is no way of confirming if the files were merged so this doesn't gurantee that they will be merged.

    or

    You can wait till one of you get your green card approved. Once you are approved, you can take an infopass apointment and request spouse's adjuciation based on your spouse's approval and your pending application. Not sure , but you can also file follow to join (which takes 6 months) for the other member to receive GC once you have one approved GC in hand. You don't have to depend on PD after this.

    I honestly recommend taking a second opinion from attorney and would really appreciate if you can share what your attorney recommends.

    Hope this helps!
    Thanks



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  • pappu
    05-31 08:27 AM
    How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
    http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    has some ideas all members can implement





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  • ApVish
    09-16 03:25 PM
    I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!

    http://judiciary.senate.gov/hearings/hearing.cfm?id=4057

    I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach



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  • shortchanged
    08-09 02:04 PM
    For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.

    My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.

    My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.

    I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
    Any way I am not withdrawing these apllications myself,to avoid any confusion.

    Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
    I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.

    My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.

    Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
    I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals





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  • smuggymba
    03-15 09:34 AM
    L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
    TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
    When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.

    After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).

    Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.



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  • FinalGC
    09-16 11:55 AM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....





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  • mihird
    11-17 03:31 PM
    You should check the latest visa bulletin from DOS..so you won't be able to file 140 & 485 concurrently...





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  • jjava100
    01-28 11:56 AM
    Congrats!!





    tdasara
    02-08 08:58 AM
    L1A - Multinational managers
    L1b - specialized foreign worker on intracompany transfer.

    You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.

    Most of us work for US companies who do not have branches overseas!





    nrmarrivada9
    04-04 09:53 AM
    She could be on F1 even before the commencement of the classes. It will not be a problem.

    Regards
    Naveen



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