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Everything posted by Belle

  1. Belle

    EB3 to EB2 Porting - Question on Education

    1. Yes. The LC will be filed based on job requirements, not his education. He may, however, make sure it qualifies for EB2. 2. No, you can't use somebody else's priority date for your application.
  2. Belle

    Ideas? How to move EB3 forward

    "First of all let me ask you, when you say college graduates get jobs through campus, you must be joking. Those real campus jobs are for American born USA Citizens, and that’s too not so many companies now-a-days are even doing that. Come to the real world. For these fresh F1 graduate students, the only reality to get a job is to apply through a consultancy company, who will take their resume, put 5-6 years of fake experience, and apply for jobs, for very meager rate. If these people will apply through the normal route of job search, by telling the truth, and putting 0 years of experience, the only place their resume can land is into the trash can. In the real world most of the f1 student put fake experience to get a job, that is the reality. Who told you that these desi companies do background checks, forget that." Again, you need to pull your head out of the desi immigration gutter. I had numerous friends find "real jobs for real people" (i.e. large corporations that hire on campus), and nobody had to fake their experience, even if they had none. Was it easy - most of the time, no. But those who were good and tried hard managed to accomlish it. Maybe you have not met such people, but it only speaks about YOUR path to immigration, not other people's. "I can also advise you the same thing. May be you should also pull your head out of desi immigration gutter and see the world. Support legal immigration. Do not support paths of immigrations that are questionable." Oh, I get it. Basically, if you could not accomplish something, then everyone else must just as incapable. Nice criteria, but only worth EB3. Maybe not even worth that.
  3. "There wont be any issues in future if we go for AC21 when the Priority dates are current." Huh???... I mean, why in the world would you think so?
  4. Belle

    Green cards arrived today

    "Please share how were you able to file in EB1. what's the criteria" I believe, you can google it. There are many ways to to qualify for EB1.
  5. Belle

    Need some advice

    See if 245k works first. It appears that your wife's I-94 may have expired, which is not the best news, but maybe the lawyer will be able to pull 245k defense on it. If this does not work, file nunc pro tunc (see if they can file NPT and refile I-485 together). If she has to go for stamping, then it is what it is, she has to go. By the way, by that time you may be able to file following to join for her for consular processing. That's your last option.
  6. Belle

    H1 renewal HITCH....

    I honestly don't know that much about H1 renewals and why they would depnd on the salary. You should read about it or get a consultation with a good lawyer.
  7. 1) Sure. 2) One can transfer the remainder of the approved H1. Also, I-140 withdrawal may take some time, so it is not imperative that H1 would not be extended.
  8. You can file an AC21 request as soon as you have a job offer.
  9. Belle

    EB2 - Pending I-140 - H-1B Transfer

    1) If the I-140 is approved, yes. Even if it is withdrawn after approval (but not if before). 2) It's maybe. I guyess depending how your lawyer files it.
  10. Belle

    Ideas? How to move EB3 forward

    "The bottom line is that because H1b is a tough/impossible route to come to USA for these USA die-hard aspirants, people are taking a much easier route to come to USA through a Student Visa, and then play with the loopholes of the immigration system, by changing their intent, and staying back in this country, which is a complete violation from their original intention." Of course, intent can never change. It is almost impossible to change your mind about a place of living after YEARS of studying and then working in a country. It is SO UNUSUAL for people to come check a country out through studies, then find a job, and then eventually settle. Never happens. Maybe you should pull your head out of desi immgration gutter and see the world. Maybe you should go to another country to get a degree and see how things are for yourself.
  11. Belle

    What happens if I change my visa status?

    Generally, yes, you may extend your H1 after your school is over.
  12. If you have not filed an AC21 reuqest for this change, it may lead to issues. You should talk to a qualified attorney.
  13. 1. Maybe. The USCIS may grant you remaining time on H1 first. 2. Depends on the employer. My understanding is that most do it out of spite. 3. Yes. They are the petitioner. 4. Correct.
  14. I think you need a consultation with a lawyer.
  15. Belle

    What happens if I change my visa status?

    "But what happens when I leave my current sponsoring company to join a college? I am sure he is obligated to cancel my H1B visa. Does it mean that, my status then will be AOS?" AOS is techinically not a status. It is ADJUSTMENT of status, so you are in between. It does not make you illegal or deprtable, though.
  16. Belle

    GC Process

    I think you need to summon the magical powers of Google and read up on the process. Asking such general questions won't get you far.
  17. Belle

    Ideas? How to move EB3 forward

    "Nobody applies for green card while on F1. It's nto possible." OF COURSE it is possible. Not many people end up doing it because it is practically harder than doing it through H1, but it is not a problem at all to file AOS while in F status.
  18. Belle

    I-485 RFE on marriage certificate

    "but not limited to" That's the key. I would send joint bank statements, property records, health insurance cards, etc. Official stuff.
  19. Belle

    Ideas? How to move EB3 forward

    "No where it says that you have a 90 days grace period to change your intent. So it is better to stick to the basics." Basics? Like all those statements needs to be true at the time of interview and entry, and where does it say that students are not allowed to change intent? That's the basics courts accept - people change intent. It's life. "why don’t you try to say the truth with boldness to the Visa Officer, that after 90 days I will change my intent, and will apply for my Green Card.?" Many people have done it. Successfully. This just shows the extent of your ignorance.
  20. Belle


    "My priority date is April 2006. Eventhough I am not current yet, should I notify USCIS about it now?" Get an InfoPass and ask the officer whether your country of chargeability (on your I-485) is India. If it is, ask how to change it to UAE based on the birthplace of your spouse. Unless it happened automatically (and that can and does happen), I would try to take care of it right away. It may be a couple months before the USCIS gets around to fixing your case.
  21. Belle

    Ideas? How to move EB3 forward

    "As I said earlier, all the USA Master degree holders through F1 route, who applies in EB2 category are definitely doing fraud. " What a bunch of boondogle! A student is permitted to change intent 90 days after obtaining F1 status or entering the country. Not even mentioning that the vast majority of those getting advanced degrees first start working on H1, and only then apply for green cards. Clearly, ignorance combined with anger is not a good recipe for forming a solid opinion.
  22. Belle

    Does this status means I-485 is approved?

    "13 years as a programmer - no raise (fixed salary) and no change of position." With so many LCs you could have changed your positions multiple times, and an increase in salary does not preclude you from using a labor with lower salary in any way. My job offer letter stated satary that was higher than that of LC. It just appears that there is a bigger problem here... like working for companies that regularly going out of business. It is also evident that you value your green card by far more than your career, in which case, people usually blow both. If I were you, I would be looking for a better job with a better company. Something you would not regret a bit if you had to wait for another 15 years. P.S. Your daughter is an adult. It is sad you would not be able to give her a green card, but she can and should take care of herself now.
  23. Belle

    Getting H1 B from adjustment of Status

    I-485 will not impact your H1 chances. The success of your H1 will depend on whether you have some other status - or, in this case, have it at the time you will be able to change your status to H1 (October 2011?).
  24. Belle

    Change in visa status

    You need to take a hard realistic look at how long it will take for you to get green cards in FB-4 category first. The H4 won't interfere with the I-130, but that may be the least of your worries.