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  • amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.





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  • centaur
    02-23 09:52 AM
    It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)

    1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.

    From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.

    2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.

    Its frustrating I understand.

    Good luck

    My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

    I have following questions -

    1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

    2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

    3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

    4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

    5) How difficult or easy is to get J-1 wavier

    Thanks in advance for your replied





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  • sapking
    07-18 01:41 AM
    Consult with experienced immigration attorney.





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  • ekkatip
    10-13 01:43 PM
    My case is also similar.

    Applied labor in 2002 under Eb3 category
    I-140 approved in 2006.


    Applied labor in 2007 under EB2 category( same Company)
    Applied I-140 Eb2 and requested to port EB3 Priority date.
    I-140 got approved but did not port EB3 priority date.

    Applied I-485 in 2007 using eb3 labor and I-140.


    As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
    My attroney sent SR last month to port priority date on EB2 I-140.
    I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
    Still waiting for response.
    I don't know how long USCIS will take to port PD.

    Ekkati



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  • roseball
    05-18 11:09 PM
    3 deportations at POE (EWR) till date this yr .
    only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky

    P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent

    thanks

    Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?





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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!



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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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  • reddymjm
    05-15 11:06 AM
    Here is my $100

    Paypal Receipt ID: 8D5173328S121125D

    Come on everyone... donate a small percentage of your stimulus package.

    Good Job elaiyam.



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  • vimalm
    08-22 10:40 AM
    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.





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  • unseenguy
    06-19 05:14 PM
    I would not be surprised if it is all CIA or MIA instigated drama. On one count Ayatollah seems to be correct, how can 11 million votes be rigged?



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  • Kodi
    08-28 06:50 PM
    Received 2 yr EAD, I-140 pending as of 4/18/08





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  • chaukas
    04-15 02:28 AM
    My parents travelled both on Cathay and JAL. Cathay has better food , but the flight to SFO is really long. They had used JAL before which has approx 8-10 hrs for each leg. Also, on the return , there is a days halt , so they provide a hotel. My parents took a small tour of the area too.



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  • monkeyman
    08-29 02:05 PM
    I checked my bank account today. The checks got encashed.
    USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.

    Nothing so far - lawyer says not one check is encashed so far -





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  • Beemar
    05-18 10:40 PM
    There could really be hundreds. Looks like these 3 were working in OP's company. That is why he came to know about them. Usually bodyshops keep quiet if their employees are deported. If a single company got 3 deported, then the total is probably much larger.

    OP, can you at least confirm that these 3 were from the same company?

    that is not bad thinking that all the stories we heard about hundreds of people who were friends' friend and were deported at EWR.

    While I understand for those 3 people it is virtually a nightmare, but it does bring things into perspective.



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  • brav
    10-06 10:42 AM
    I posted this question on murthy.com and she ignored this question in her 2 last chat sessions on monday night.

    I posted in the Greg siskind's FAQ organized by IV and I am hoping he will answer, to get some clarity to this.

    My wife has OPT EAD and AOS EAD(485) and we are looking into

    a. Would an AOS EAD invalidate OPT EAD automatically
    b. If not, should any one be notified that we are presently pursing OPT EAD
    c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?

    If any one has info, please share.





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  • lostinbeta
    10-22 04:20 PM
    In the Shinra Mansion in Clouds hometown.

    All the way in the basement behind that locked door.

    You have to get the key from the safe which is also in a room in the Shinra Mansion. (up the steps and to the right I believe)



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  • enqueued
    06-21 06:00 PM
    Ask her to talk to her attorney. That is the right thing to do.





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  • njdude26
    07-02 08:34 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.





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  • sheela
    09-25 01:22 PM
    Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.

    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know





    sunty
    08-27 02:55 PM
    2 year EAD here as well..I-140 has been pending for more than a year now..





    MatsP
    May 12th, 2006, 08:27 AM
    Of course Nikon can't help support third party lenses. They have a specification (that isn't available to others) that specify how the interface between the camera and the lens should work - but the can't change that specification (or change what the camera does) in order to support other manufacturers lenses. If they really wanted other manufacturers to make lenses to work on Nikon, they would perhaps publish (or license) the specification. But I don't think Nikon is particularly interested in doing so.

    Sigma, however, has made it their business to reverse engineer the interface between the camera and the lens, without the access to the specification. They therefore are responsible (even if they plead not so) for any malfunction between the two. However, one of the problems with reverse engineering is that you can only see what's being used at any particular time - the spec may well have some variations that aren't used in a particular setup, but allows for future expansion. This is where Sigma will have a problem when Nikon brings out a new/different camera model.

    The firmware for the lens should be possible to upgrade, assuming it's a case of just not understanding some command or such.

    --
    Mats



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