Friday, June 17, 2011

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  • sp99
    08-18 02:38 PM
    And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...





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  • ARUNRAMANATHAN
    06-26 10:02 PM
    As listed if there is so many address .... is the just the place where we filed the 140 that counts ?

    Does it make a difference where the labor is approved ?
    Or
    Just the place where the 140 was approved ?
    Confused .....

    I guess this for from July 1st to July 31st after that it is different Right ?





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  • h4hopeful
    05-30 06:51 PM
    the reason she was denied is because she is young

    SHe is young and already has a family of her own? Are you sure that was the reason for denial? How many members besides her and her husband did you try to sponsor?





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  • stuckinmuck
    02-11 07:01 PM
    gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

    It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.



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  • zofa30
    09-14 11:52 AM
    bc_rp,
    Thanks for your reply.
    For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?

    Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.

    Thanks





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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!



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  • mlkedave
    03-07 03:48 PM
    ok eilsoe, i love u





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  • gcisadawg
    08-11 04:14 PM
    bump

    done. EB3-I Oct 2003



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  • akred
    02-22 06:11 PM
    50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.





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  • NNReddy
    08-26 02:30 PM
    My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
    Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
    Please clarify.



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  • deecha
    02-26 02:28 PM
    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.



    __________________
    Not a legal advice.

    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.





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  • coralfl
    04-17 03:10 PM
    My suggestion would be get 3yrs extension and then find a new job, new employer, start from the scratch. What I could gather reading your email that the contract suggests that " that upon I become a permanent resident..." (2nd sentence in your mail). My understanding reading your email as you have written that the contract will not be in force untill you get the GC.



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  • satish_hello
    07-19 02:24 PM
    Hi ,

    Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.

    It is Hard LUD.

    Please update if you get any info.

    Thanks





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  • looivy
    03-19 03:33 PM
    Can a legal expert provide advice as to whether I can use EAD/AP to get in?

    Bump



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  • gk_2000
    07-30 07:39 PM
    Yeh safar bahut hei kathin magar
    na udhaas ho mere humsafar

    YouTube - 1942- A Love Story - Yeh Safar Bahut Hai - AKB (http://www.youtube.com/watch?v=8T8gprzXqd8)





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  • invincibleasian
    02-06 05:09 PM
    I dont have EAD so I cannot comment!



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  • worriedsoul
    09-25 04:32 PM
    They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.





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  • vamsi_poondla
    01-20 11:56 PM
    I wrote two copies of handwritten letters. I will mail them tomorrow. Now I can bash all fence sitters with no guilt :-) Kidding.

    Folks, please resolve to write the letter at least today Dr. MLK's Birthday. He fought for civil rights and we are fighting for human rights...well not really but still a serious issue for over half million future Americans (or parents of Americans)





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  • gc_on_demand
    04-07 07:22 AM
    Any IV member got so far ?





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    06-07 10:28 AM
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    factoryman
    06-19 06:03 PM
    One or two.

    I didn't research all this. My good old INS doctor just gave only one. Anybody need doctor's details, PM me. This is only a free service. Nice elderly American
    physician. Fees USD 200



    lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.

    Well i feel the blood report might say something of that sort...just guessing!!



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