Saturday, July 2, 2011

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  • beautifulMind
    04-22 01:50 PM
    PERM prewailing wage determination EB2

    Position 15-1034

    My university is applying for a new perm application for eb2. I work for a university

    Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem

    Is thisgoing to be ok ?

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  • sunny1000
    02-22 12:58 PM
    Please post this at lawyer's section ("Ask a lawyer for free") so that an attorney can help you answer the questions.

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  • delhirocks
    06-23 12:22 PM
    If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
    If dates retrogress, I-485 processing is FIFO based on PD.

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  • golgappa
    08-19 02:00 PM
    Thanks for your reply I am really not in a position to wait, and I have a EAD as last resort..

    BUT can I join on the same date...

    Can you please share your views on that front...


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  • cladden
    02-23 10:06 PM
    Thanks. Much appreciated.

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  • BMS1
    09-16 06:45 AM
    Similar case


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  • lazycis
    06-24 12:50 PM
    You can do that using your EAD but that could be considered a violation of H1 status. Not big deal if you do not need to maintain H1. If you want to keep H1, you cannot do that unless you are willing to re-validate H1 later on by leaving US and re-entering on H1.

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  • peer123
    12-18 08:26 PM
    Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.

    I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.


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  • LongJourny
    01-23 06:20 PM
    If I am not wrong, you must be paid by your consultant. So, those missing days should be a working days as per your consultant is concerned. I work on site too. when there is holidays that my consultant doesn't approve, Consultant pay for those missing days. I am not sure how your consultant is going to utilize you for those missing days. Talk to your consultant, they should be able to help you. Good luck

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  • gparr
    November 28th, 2004, 09:05 AM
    Thanks to all and welcome to dphoto Jamie

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  • sve0390
    08-03 06:07 PM

    My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?


    They asked me to send additional evidence in support of my NIW petition. I'd say just wait for them to ask you anything that they require to justify NIW.

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  • sidpri
    08-13 03:25 PM
    My wife has recently converted her H4 to F1 by applying for COS through I-539. We are yet to receive the approval notice by mail, but we have confirmed online through USCIS that its been approved.
    The question is - at what date would she be deemed to be on F1, is it from the date of the F1 approval notice or is it the start date mentioned on I-20.

    What is normally seen as the start date? Can some one who is on F1 respond ?

    Thanks for your responses


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  • h1vegas
    02-02 08:32 PM
    Thanks nousername
    well i already have a EAD, additionally I will apply for AP as well
    Thx again

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  • joydiptac
    05-18 05:32 PM
    My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
    Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH


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  • jasmine182
    07-04 02:21 AM
    I wonder if there is anybody who could help me with my questions about the diversity visa in US.

    I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?

    What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?

    So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.

    I will be thankful if somebody could enlighten me on these.

    Thank you very much.

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  • bsbawa10
    04-16 01:45 PM
    I have recently filled the USCIS survey. But I am not satisfied with all the questions they have. I want to tell what we want to tell (not what they want to hear)
    I have an idea to send USCIS director information about how they are doing ? (In terms of delays, consistency, customer service, implementation, transparency). This will not cost any dime to anybody and at the same time make an impact.

    Step One:

    One of us can first create a survey on survery monkey (detailed one..with complete description about various aspects of USCIS) . I have created a Draft of the questions which can go in the survey. You can add more (Please do not delete the existing ones).
    The real survey can contain scale of measurement (1 to 10) and also descriptive comments. I can keep the draft open for 10 days before creating/publishing the real survey so that everybody can contribute to creating it. Here is the link to the draft (feel free to add more questions which are to the point and can make an impact)
    USCIS Survey (Draft) - Google Docs (

    Step Two:

    Open/Publish the survery to Immigration Voice users and all other customers of USCIS(Advertise this on the other websites too). We can keep it open for 10 days to get everybody's participation.

    Step Three.

    Get the results and and send the results to the USCIS director(These will contain ratings of where USCIS stands and suggestions for improvements). We can also send them to the President. This has to be a collaborative effort and will only cost .44 cents stamp(not .44 cents each but .44cents only)

    I do not think they measure themselves at all (right now whatever they do is right).
    I think this is nice gift to USCIS which they need desperatly. Also it could be an eye opener.
    Any suggestions to this would be welcome.


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  • newbie2020
    03-27 11:27 AM
    H1 Approval notice of spouse/DS156/157 HDFC bank receipt and interview confirmation

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  • Akia
    03-01 12:14 PM
    I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.

    So I am not able to apply for a new H1B while on H4? Thanks!

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  • gcdreamer05
    11-25 12:03 PM
    Is university h1 the same as non-proft cap exempt h1 or is it different ?

    11-01 12:25 PM
    Nothing at all.

    07-19 10:56 PM
    Thanks for replying. Just to clarify:

    If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?

    I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?

    Thanks for all the replies.

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