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  • nozerd
    01-15 11:02 AM
    If you are not that serious about Canada and are cool with being rejected dont take the test. If they were ok with passing you anyways they wouldnt have specifically asked you to take it.
    IELTS is more widely accepted and has more centers in the US than the other test.




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  • Ramba
    08-26 04:29 PM
    I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.

    Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).

    Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
    Thanks.

    It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.




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  • bmoni
    12-22 12:59 PM
    GC_2007,

    When we change employer i think we can't keep the Priority date
    Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

    once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



    (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).




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  • rolrblade
    07-20 01:26 PM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.

    When did you file? How long has it been?
    if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.

    Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.

    Consult with your attorney thugh.

    Just my 2 cents.



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  • ocpmachine
    06-10 03:08 PM
    Help!

    Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.

    Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?

    Thank you very much!

    We just got our medical envelope for me and my wife from the doctor, we both had TST reaction of 10mm and 18mm, chest x-ray came out normal...doctor marked both of us Latent Class TB(LTB1)...i would not worry about this, Latent TB is not infectous and recommended(not required) to undergo treatment. I am going to sit tight, not taking any medication as i heard the medication is a strong antibiotic which has more side effects(esp in women) and does more damage(to liver) than cure. If on medication, you are also required to take a test every 2 months to check if your liver can take medications for following months. Ofcourse, even after taking medication for 9 months, you cannot guarantee future TST test will result -ve due to BCG vaccine history.

    If i get an RFE at a later time, i will goto my PCP, start medication(which i will discard) and get a letter saying in am on medication just for paper work sake, i refuse to take the medicine when x-ray is clear.

    Read here:
    http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm

    Here is the snippet from CDC.gov for TB:

    16. What is Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)?
    A TST reaction of 10 mm or more of induration, and a history of recent arrival (within the last 5 years) in the United States from a high-prevalence country.
    And
    No evidence of active TB disease.

    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with �Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)� to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information.

    21. Can the civil surgeon medically clear the applicant for TB even if the applicant is going to receive treatment for latent TB Infection (LTBI)?
    Yes. Referral for treatment and/or completion of treatment for LTBI is not required for the civil surgeon to sign the I-693 form. As regards TB, the signature indicates the applicant is free of Class A pulmonary TB disease.

    Disclaimer: I am not a doctor or an attorney, Please consult doctor or an attorney for expert advice.




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  • santb1975
    04-25 12:00 PM
    I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
    the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
    the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
    the office having jurisdiction over the pending Form I-485 that the new offer of employment is
    in the same or similar occupational classification as the offer of employment for which the
    petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
    alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
    officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
    103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
    to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
    employment in the same or similar occupation, the BCIS may consider the approved Form I-140
    to remain valid with respect to the new offer of employment and may continue regular
    processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
    not established that the new offer of employment is in the same or similar occupation, the
    adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
    to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
    the Form I-485.hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex



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  • TheCanadian
    11-25 03:16 AM
    You probably noticed, but that's what he is doing. :dilbert:
    No I sure didn`t :thumb2:




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  • tammman
    10-15 04:50 PM
    My wife has EAD but didnt use it yet and she is on L1 and her AP had an RFE today and she has ticket booked for INDIA on dec6th...if her AP doesnt get approved before she leaves can she travel ?

    People were mentioned about it needs to approved before u come back to USA ?

    Please suggest.



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  • getgreensoon1
    01-26 02:57 PM
    2 people from Andhra get into top positions in IIT exams. 1600 people get caught going to fake universities in the US. That is a disgrace. People fron Andhra show desperation in the US and affect the diginity of every Indian in the US.




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  • mpadapa
    10-09 12:56 PM
    Please provide additional details regarding U'r labor like EB1/2/3

    GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..

    Pleaseprovide appropriate titles when U create a thread...

    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979



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  • maverick_joe
    02-12 02:24 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?

    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag




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  • ganguteli
    04-08 06:21 PM
    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.

    As if your ID has any value?

    Who cares about annonymous IDs anyways. :D:D:D

    I am happy you did not get any reply. You thought you are some Senator or VIP...
    Go show off your ego to your CEO and lawyer. You will get the treatment that will put you on ground level.



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  • nozerd
    01-15 09:52 PM
    Looks like the best bet for you would be to give the exam in either Houston or Dallas.

    I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.




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  • xyzgc
    10-13 11:10 PM
    how abt dressing up as a mickey? they'll love u for it..;)



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  • Sath thesmilingstar
    02-24 02:29 PM
    If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.

    well,i dont know what is AP can you please tell me what it is..??




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  • DDash
    11-10 03:36 PM
    Go for it! She can volunteer (obviously, she cannot get paid for the work she will do). I think it is a great idea to volunteer to establish connections and gain work experience to get ready for a real job.

    My wife did the same thing when she was on H-4 and HR had no issues with that.

    Cheers!



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  • perm2gc
    08-24 11:42 AM
    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..

    You can still come as a student if your intent is to study in US but if you want them to hand over GC after you complete a degree then dont come ..You may have got master/phd degree from top universities which does not mean you qualify for immediate GC.. If you feel that people with BSC or BA have cheated the system so are you... Student Visa is to Study in US but not for Permanent Immigration to US




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  • akilaakka
    07-13 11:17 AM
    Checklaw,

    By Law, you must apply for an intended travel.

    However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.

    I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.

    Thanks
    Senthil




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  • gsc999
    04-15 01:54 PM
    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen.

    abby
    ----
    Senthil for once I agree with you :D Tell me who moved my Cheese!

    abby: GC to citizenship, lost job eh!
    US law doesn't permit discrimination in employment based on race or Country of origin.

    There are many websites that advertise jobs in India, depending on your situation and goals. Send me a PM with your resume and phone number, I will try getting you a job in India. Average pay scale is thousand dollars/mo and commute time in 3 hours. I am sure, those are non factors because you so sincerely desire this.

    Also, I would recommend taking a break from this all and think about your future plans. I am not sure how young you are, there is a call for surge in Iraq for our troops. It is perfect time for a citizen to show his patriotism. I heard sign-up bonus is amazing :-) I was planning to volunteer, they refused me because I am a prospective legal immigrant. I want to contribute but can't, I feel bad.




    chandansrs@gmail.com
    06-27 05:00 PM
    KrishGreen,

    Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.




    nayekal
    08-18 05:12 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.



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