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  • rockstart
    10-18 12:31 PM
    I have submited my FP all 10 fingers when I was working for my past employer which was a financial company dealing in Credit Cards business. They collect it when they issue badge as part of security and its a federal requirement for financial company. I am not sure if they maintain it internally or send it to FBI for storage does any one have any info?





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  • Nikhil2
    02-10 05:01 PM
    Thanks for everybody's reply. I am still confused. Here is more info about my case.

    I plan to transfer PD from EB3 to EB2.

    My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.

    MY EB2 PERM was filed and pending. The job description required Master and nothing else.

    I obtained the Master degree even before filing EB3.

    Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.

    Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.

    Any more comments?


    I think it all depends on what the job qualifications required are.
    Hope this helps





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  • painful_GC
    03-09 02:39 PM
    Hello everyone,

    Here is my status..someone please clarify as my immigration attorney has different answers each time

    1) I am on H1B status and recently transfered to a new H1B Employer and i got query last week.
    2) My Husband is holding a L1B Visa and its valid till Nov 2011.
    3) Can i apply for L2 now(without COS) while waiting for H1B Approval?? This will allow me to change to L2 if something happens to H1.
    4) If i have my H1B approval i wish to stay and work on H1B.if not i will be moving to L2(leave the country and comeback ??)

    Please post your prompt answers.

    Thanks





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  • hopelessGC
    04-28 11:45 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.

    In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.



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  • ajmalnasar
    12-21 03:59 PM
    Last month I flew to New Delhi India through Continental Airlines, I did not had the visa and my Visa had expired. You have a flight to Mumbai also. It is a nonstop flight, 13 hours straight and you are in. No hassles, no need of transit visa and you save six hours that goes in vain while transit.

    Mu suggestion, fly Continental from New Jersey.


    Thats the best in all respect. Travel time, no transit visa etc.

    Thanks

    Ajmal





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  • abhishek101
    05-17 05:50 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.

    I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.



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  • papajon
    06-19 10:06 AM
    You will get your H1B extended pending appeal on PERM.

    Thank you! So technically, there is nothing for me to worry at this time? Is this correct? I know I am losing time but my priority is not current...





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  • stucklabor
    03-22 04:01 PM
    All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.

    Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.

    Sec 202(a)(3):
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    Our analysis:
    This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.

    Sec 202(a)(5):
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Our analysis:
    Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.



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  • pappu
    09-25 12:56 PM
    Having 3 days left for your date to be current does not mean much if you are thinking of getting your GC on oct 1. Not everyone gets the GC as soon as the dates get current. Ask people whose dates became current in June. Have you also checked if your name check is cleared?





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  • franklin
    02-10 07:43 PM
    My gut feeling would be in agreeing with what your attorney says regarding the difficulty with the same job description but differing EB category.

    However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.

    I guess you'll only really know if the tactic works when your EB2 LC is resolved.

    I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.



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  • IfYouSeekAmy
    05-17 10:14 AM
    I used David Cohen at

    Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)





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  • ssterian01
    07-05 01:33 PM
    Thanks a lot, prem_goel.
    I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved

    I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
    Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.

    I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.

    How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)

    Thanks a bunch



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  • ngopikrishnan
    06-24 10:51 PM
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  • americandesi
    10-18 05:51 PM
    What’s the logic behind USCIS receiving 500,000 Naturalization Applications in July and August 2007? How do the VISA numbers being current relate to Naturalization?!?!?!?!



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  • arunsush
    02-01 11:25 AM
    please check your PM

    Check your PM...





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  • meridiani.planum
    04-08 04:04 AM
    On the same lines, I have a question...My H1B is expiring on Apr 22 (some how with previous approvals and transfers I didn't get a 3 + 3) and Apr 22 will mark 5 years + 1 month of my H1B stay in the US. I have an approved 140 and my AOS is pending. One attorney has convinced me of a 3 yr extension and though she's expensive, I decided to go with her services as two other attorneys didn't guarantee me a 3 yr extn as I'm still into my 6 year now and have not completed 6 full yrs on H1B. Qn is, will I get a 3 yr extension (based on my approved 140) or a 11 months extension now? My PD is Feb 2006.

    Thanks in advance.

    yes you will get 3 years extension. make sure the application requests 3 years (& your LCA covers 3 years)



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  • bandhu
    02-04 04:22 PM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.





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  • Gigantic697
    10-13 04:08 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?





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  • BharatPremi
    03-13 11:25 AM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.

    Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.





    a_yaja
    03-17 02:35 PM
    Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?

    Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.





    Anders �stberg
    January 18th, 2005, 01:10 AM
    Bob, no problem, your post is most welcome and quite on topic AFAIAC! Please everyone add comments, questions, follow-ups,... the more discussion the merrier! :)

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