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Hey Kris

I really wanted to know if it was illegla before reporting someone, you can refer to Jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
I wasnt sure and i didnt know how to go about it.

If that is the intent just report with facts to your state DOL and they will take care of the rest

- cheers
kris

Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?

If you are asking about Labor petition It said Mathematics or related feild


if you are my qualification it is BSc with Mathematics. but my trascripts say maths1,maths2, maths3, maths4 as supposed to Mathematics1,Mathematics2,Mathematics3,Mathematics 4.
which made the difference.

but provisional said Mathematics, so adjudicator got confused.

Yes - I agree with andy garcia

Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)

If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..

All the best..

BTW what is your service center, NSC or Texas ?

Thanks
sb

I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.

I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

This (besides labor backlog) spoils the FIFO for GCs.

Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

FBI delays is the prime reason for this fiasco.

BTW my AOS is pending due to indefinite background check delay.

It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...

Thanks for your reply.

My understanding is there can be only one AOS at any time.

- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

Thanks.

Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.

I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.

Hi,

If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.

thx

There is no need to switch from H1 to L1. If you are eligible for EB1 multi national executive/manager green card you will get it independent of whether you are H1B or L1-A.

As far as I know we HAVE NO STAND on the issue.

Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".

Will become 3 nights in a row for you folks. But you are welcome to attend the next IL state chapter concall.
http://immigrationvoice.org/forum/showthread.php?t=2708

http://news.google.com/news?hl=en&ned=us&q=bapio&btnG=Search+News

http://timesofindia.indiatimes.com/Indian_docs_win_legal_battle_in_UK/articleshow/2530784.cms

Good for them!

I have the same query:

Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.

Experts please advice.

As discussed above with cyrus mehta's blog: This is all discretionary:

My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".

Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".

Good Luck.

....
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...


Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.

You guys are the experts.. I am a newbie. Good I asked, I would have never known!!

Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!

http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.

Wish you all the best.

All I'm doing is trying to keep this thread alive by posting something :p

trying go get an answer if any one can give some insight?

o yea, guess i should have asked this before posting!
Nah, now he has to accept it :D !

Hi!

I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

Thanks for reading this thread and commenting.

In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.

So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.

And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.

Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....