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  • martinvisalaw
    06-29 10:38 AM
    There are really 2 sub-categories of EB-3. One requires a minimum of a bachelor's degree, or equivalent in education/experience. The other requires just 2 years skilled worker experience.

    The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.





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  • snathan
    05-31 12:52 PM
    Can I send my daughter to India for an year without having reentry permit?(she has greencard) (or) what is the maximum period children can stay out of US after getting greencard?

    Max. 180 days...She needs to be in the US for min. of 180 days per year to maintain the LPR.





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  • minimalist
    06-05 02:57 PM
    Please follow "The printed exiration date"
    Hi Friends,

    I am confused with AP expiration date.

    The printed exiration date is :July 29, 2009
    But my latest paroled stamp on AP it is : Dec 05, 2009.

    Which date should i follow to renew my AP?

    thanks
    achu





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  • eb3retro
    05-13 11:47 AM
    hi,

    My wife's priority date is current now (Marriage took place before the acceptance of my GC). We have to options - applying for FTJ or I-485 as my wife is in USA currently on a visit visa.

    Any suggestions if we can apply for I-485 from here, as that is our preference.

    Discussion...


    sorry, this message is in the wrong forum, lot of people come here to find a solution for retrogression problem, if you have questions related to your personal cases, please post it in the right forum.



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  • iman.karta
    02-13 06:28 PM
    Hi Guitar,

    I too had the paralegal filled out wrong information in regard to my employment history. My lawyer said the same thing; once it is on ETA 9089, you could not really change anything.
    In fact, you could not change it when you file I-140. The only thing you could do is to discuss with your lawyer about possible RFEs.
    Last but not least, don't sweat it. Worrying won't change anything.
    And as for my case, it was approved without any RFE request.
    Good luck with your case.





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  • jediknight
    08-08 08:29 PM
    It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).

    However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).

    Thanks Ann.

    I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)

    - JK



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  • GCBy3000
    07-23 11:52 AM
    It is your marriage and your wife. No one has right to intevene in your personal matters. Do not think too much and if any one asks, just say it is my decision.





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  • meragreencard
    10-29 08:07 AM
    Thank you so much for your replies... my attorney updated me saying that its not an issue as Bhatt mentioned that I am in AOS too...

    Thanks



    I doubt it is an issue. you should be fine. U are in AOS too!



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  • onsitus
    04-10 05:41 PM
    I redone it following Kirupa advice (still kept the name though :)) and done the writing part pixel by pixel.





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  • sbmallik
    05-29 03:35 PM
    In that case, your L-1 is due to expire in September. Your employer can file an extension petition. Once approved, you will get a new form I-797 with a I-94 (valid for the extended period). The new I-94 will allow you to live in the US for that specific period. If you want to travel abroad, you have to get the new visa stamped on your passport.



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  • Berkeleybee
    04-12 02:20 PM
    In the last few weeks, as we worked to get our amendments in, USINPAC (http://www.usinpac.com/) has proved to be a tremendously important ally.

    Read our joint press release (http://immigrationvoice.org/index.php?option=com_content&task=blogcategory&id=15&Itemid=43).

    We view their continued support as critical to our efforts once the Senate returns from recess.





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  • angiusa
    04-03 04:02 PM
    I have worked for Company "A"(Ex-employer) under H1-B(company A holding my H1-b) from 2007-2010. During 2009 & 2010, company A was unable to clear all my payments as the company went through some financial hurdles but they issued W-2 for the amount paid in fiscal year 2009. Now, company A has got money and they decided to clear my back wages for 2009-2010 through 1099 form. I transferred my H1-B visa to Company B(2010) then to Company C(current employer). Now, Company C has started my Green card(GC) process.

    Questions:
    1. I already received W2 for 2009. Can company A amend the W2 for the back wages?
    2. Is it legal to take the unpaid amount under 1099? Will it affect my GC process?
    3. What are my options to get my back wages from company A?
    4. Company A want to issue 1099 along with a letter stating that i was full time employee for the time period mentioned in 1099. Is it acceptable?


    I really appreciate your help for taking your valuable time in clarifying my questions. I look forward for your reply.



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  • waitin_toolong
    09-17 06:38 PM
    2...... Or Not At All





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  • rkp27
    09-21 01:59 PM
    yes i had receipt number for 140 but employer was not giving me 140 approval notice and labor certificate approval copy.



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  • gc_lover
    07-03 02:36 PM
    I think its too early to get any fedex back, maybe from next week!





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  • tdasara
    01-15 03:33 PM
    Is there a provision to port my PD to my child (not born here) plans to come back here sometime in future!!


    (FUN Intended)



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  • sunnysharma
    06-10 07:35 PM
    Standard Test include:

    1. Blood test
    2. TB skin test ( if this is +ve , then X-rays are done).
    3. Immunization : Tetanus, MMR and vericela ( chickenPox)
    If you donot have record, you can get these shots again.
    If you remember ( or confirm with parents) that u had chickenpox in past , then they can confirm this by bloodtest and u will not need shot.

    Hope this help.





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  • qasleuth
    05-18 07:44 PM
    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?

    Firstly, very sorry for your situation. Seems to be very tricky. I am no lawyer so take my .2 cents with a pinch of salt. I think you are intertwining two separate issues. FMLA may protect you during maternity leave (you need to read the act to see if you qualify) BUT USCIS not approving your petition has nothing to do with your pregnancy neither does your employer. Your employer can terminate you on the basis of non-approval of your H1 not that he is doing because of your pregnancy.





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  • billu
    07-18 09:54 PM
    i am switching employers and i have about 10k in my 401k with current employer. my next employer does not have the option to start 401k until after one year of service.i am looking for options to rollover my 401k to a IRA in a company. does anyone have any recommendations?thanks in advance





    marizaf
    11-19 11:43 AM
    Hello,

    My husband's been going through a tricky situation. He's working for a company that filed for his PERM and to renew his H1B after the 6th year.

    However, the situation now is:

    1) PERM process got audit

    2) H1B extension is still pending decision from the immigration

    3) Another company is interested in hiring my husband

    So my questions now are:

    1) Can my husband transfer his H1B visa to a new company even without the decision about his extension filed by his current company?

    2) What are the chances that they approve his H1B transfer, considering his renewal beyond 6 years is still pending decision and the PERM got audited?

    3) If everything is possible, how long after transferring to the new company can the current company keep his PERM process going?

    4) What are the chances he get an extension for the 8th year if the new company apply for his PERM immediately after his HI1B visa transfer approved?

    Thank you very much for your help!
    Regards,
    Mariza





    ksairi
    08-15 11:21 AM
    I do not have receipt yet.



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