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gsc999
08-22 02:29 PM
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

I hold a MS degree in CS and BS degree in Industrial Engg.

Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
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You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
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sunny1000
08-02 10:58 PM
Hello,
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....
Thank you
Tina

The statement highlighted in Red is not true.

For example, UK does not allow GC holders without a visa whereas Switzerland has no such requirements when it comes to GC holders. So, check with the Australian Embassy/Consulate for their rules regarding GC holders.
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suren
10-07 01:09 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

But my question my I94 is expired on 9/30 then what is my current staus.

thanks in advance.
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Asfandyar
09-02 06:40 PM
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "

Senate Judiciary Committee
Subcommittee on Immigration, Border Security, and Citizenship


--------------------------------------------------------------------------
DATE: August 31, 2006
TIME: 09:00 AM
ROOM: University of Texas at Dallas
OFFICIAL HEARING NOTICE / WITNESS LIST:


NOTICE OF SUBCOMMITTEE FIELD HEARING
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship has scheduled a hearing on "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers" for Thursday, August 31, 2006 at 9:00 a.m. at the University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, TI Foundation Auditorium, Building ECSS, Richardson, TX.
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needhelpASAP
04-27 04:02 PM
Thanks so much for all your advice! I feel a little better now.
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rajenk
03-25 06:08 PM
Try h**p://www.maggio-kattar.com. They are my current employer's immigration attorney and they charged $750 for both mine and my wife's case.
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chanduv23
09-17 06:58 AM
^^^^^^^^^^^^^^^^^^^
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whoever
12-13 12:33 PM
Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.
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milind70
10-15 10:45 AM
Hello Gurus,
I am EB3 India with PD September 2002.

After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.

Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.

In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.

I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.

Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.

Any inputs/advise are really appreciated.

IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.

Thanks a lot.

I think you should be fine, just be confident dont waiver in interview.
Stick to what is on paper.
Regarding your PD it is of utmost importance that you get it corrected now
than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .
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a_yaja
10-09 07:43 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.

I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
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raviram1980
01-15 07:12 AM
Hi All,

I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know

1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?

2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?

3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?

Please let me know at your earliest convenience,

Thanks
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abheja
08-25 03:26 PM
I am trying to port from EB3-->EB2 but my company is reluctant to pay the attorney fees. I am willing to pay the attorney fees but the company insist they must pay the fee. I thought the company must pay only the filing fees?

This is a simple question but it is becoming a big deal for me. Thanks for your help.
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perm2gc
12-22 01:49 PM
It is required of all irrespective of citizenship status to respond to a Jury summons. Not responding is considered contempt of court. The court can issue an arrest warrant for you..Always respond to the Jury summons....
What happens in someone is not at the address and he does not receive any communication regarding the jury duty.
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chaks7
12-07 03:19 PM
For filing 485 you need the PD to be current. For Consular Processing (CP), dates need not be current. You indicate that you want your application to be processed with CP option and the Consulate (in this case, Consulate in India) will schedule the interview when you are dates are current. You can check with a lawyer how you can abandon 485 and switch to CP. But make sure you are knowledgeable with the necessary facts/information as CP can be a long wait if you are in EB3-I category. You may lose the benefits of 485 when July 2007 fiasco happened where you were able to file 485 and the dates retrogressed and meanwhile you can still enjoy EAD and AP for travelling. This option will not be there if you choose CP.
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alterego
06-21 10:27 PM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
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03-08 01:15 PM
Congrats............
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Help_Us
05-21 06:37 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
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hemanth22
07-10 09:43 AM
I feel there is no better country than India in the long run..believe me!!!


thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
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psaxena
06-26 07:39 PM
I dialled and I was in the conf call for 10 min , no one else joined in.

I finally give up on all the initiative.. this is just pathetic.. everyone is waiting for someone to else to act.. thats not happening.

Well I am well off without GC as well.. GC is not going to make any impact in my life, I was just trying to do something which was wrong, so when the ones who are suffering they dun care then why should I.

Keep getting exploited and have sleepless nights.. I think the kind of mentality you guys have you deserve it.
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simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.

Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
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bobbydalal
05-21 10:13 AM
Guys whatever will happen we got to start sending faxes to white house too. We got to overdo the numberusa pepole by far if we want any hope of relief for EB category.If u go on numberusa they r sending fax everyday to whitehouse n congress. So we got to do the same and overdo them. We got to get congress look at our cases and the years of waiting to get our green cards So the forum should do something and we all should start faxing.
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