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  • To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.

    Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)

    This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.





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  • @sk.aggarwal: Can you please clarify what you meant. Can i go on a vacation after my perm is filed and then when I come back can I recapture my time and then file for extension ?
    Also Do you know this from any lawyer ?





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  • Do they do a name check for EAD as well?

    My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?





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  • Just got email from USCIS saying EAD cards were ordered.

    Please see details in my signature.





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  • Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
    Thanks for taking time to provide a closure to this topic for everyone's benefit.

    And wish you the very best for your next steps.





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  • Article says all pending application ...

    "The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."





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  • Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
    Which is correct ???
    You are stealing/swallowing your words ??? !!!!!!!!!!!!!!
    SEE YOUR PREVIOUS THREAD.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html

    I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
    Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
    The OP needs some advice irrespective of how he got to this situation.





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  • Was wondering how is the experience of getting PIO card from Indian Embassy @ DC. Checked the site and it seems it takes 45 business days for them to issue a PIO card which for any other consulate (SFO/NYC/Chicago/Houston) is around 2 weeks ...

    Can anyone share their experience ... appreciate a lot ....





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  • Nothing to panic. This is a disaster & the entire world knows about it. Just make sure to take the screenshots of flight cancellation status & few online news headlines. Ask your parents to carry this while traveling to US in future.

    For now, try to see there are any other options for them (like booking the ticket via one of those middle-east airlines). If not, just wait till middle of the next week so situation would be improved anyway.

    Couple of days delay is easily justifiable under extraordinary situation like this one.





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  • OLDMONK,

    My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?

    Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.

    My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?

    GULUT,

    FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.





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  • TIN is not SSN. Employer would need SSN.

    I guess we need another tracker for those who received EAD, but no SSN.

    hope you are.. such issues could be taken up in appropriate forums for SSN or something like that. I thought IV is discussion issues with immigration now we are trying to discuss every other topic here. May be IP this kind of question because they already deal with all this kind of stuff.





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  • hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?

    thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.





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  • this category is to deal with starting and doing business in USA... no place in the first place to cry and vent depression of your brain and your friends brains... though annoyed with it, i respect your post and respectfully ask you to take it elsewhere... i wont respond to flame from you...

    I just read about someone in San Fernando who killed his family and himself because he didn't have a job.

    Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...

    Cheers!!





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  • 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.





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  • If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.


    What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?





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  • Its Aug 17! even though most of us do not have receipt yet, we can forget about refiling





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  • Hi

    I got soft LUD on my I-140 today (11/04)
    My I-140 was approved few weeks ago @ TSC

    Any clue what this soft LUD might be related to ?

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    No Finger Prints





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  • Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B





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  • I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.

    -Success.





    thanks all for suggestions
    His company is filing for LCA today and will see where it takes





    hahaha! lost this was by accident too! see i had to do an interview for a school so i was all dressed up, so i posed like a weather man for a pic....so i went to Weather.com and got a local map that i was going to use to put behind me. well the extract tool didnt do exactly what i wanted cause i had never used it, so i did it like a quick mask. so in the end of the filter it ended up making it like all 'rough' on the edges. so i brought the map in....scaled it to size on the screen (i sized it to the whole screen. oh by the way, after i imported the pic onto the new doc.,i difference clouded it).so after all that i put difference clouds on the map too. i changed the layer blend to color blend and vola. it looks cool w/burn too. i have been playing around ALOT w/it. i think it is a big step for me! :beam:



    -mike:cyclops:



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