Friday, June 17, 2011

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  • sertasheep
    03-16 11:14 AM
    The only easy options I see for US educated physicians (of Indian origin) are either the Middle East(where , you can get jobs after min 2+ years of US work experience, not just residency) or back in India.
    - Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
    - Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
    - I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen

    If something has changed in the recent past, or I am wrong, I'd like to hear more.

    Here's an email trail from 2003. You can probably talk or contact the organization given below.

    >>I hope this can help clarify your situation as concerns your wife's
    >>future employment in Canada. If she will be graduating from an
    >>accredited medical college in he United States, she will have
    >>substantially less difficulty obtaining her license to practice medicine
    >>in Canada.
    >>
    >>She will have to complete the qualifying examinations that are
    >>administered by the Medical Council of Canada. There are two of these
    >>exams. Information about these exams can be found at http://www.mcc.ca.
    >>She should not have to worry about being subjected to the international
    >>medical graduate programs since American schools have their degrees
    >>recognized by the licensing bodies in Canada.
    >>
    >>If you would like to speak to me directly please feel free to contact me
    >>at the numbers below.
    >>
    >>Regards,
    >>
    >>Scott Butler
    >>Member Relations/Project Manager
    >>Association of International Physicians and Surgeons of Ontario (AIPSO)
    >>2 Carlton Street, Suite 1004
    >>Toronto, ON M5B 1J3
    >>
    >>Phone: (416) 979-8611 x 4301
    >>Fax: (416) 979-9853
    >>Email: membershipaipso@cassa.on.ca
    >>Web: http://www.aipso.ca




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  • zCool
    04-13 06:36 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.

    Lawyer is correct. letter needs to be from future employer.
    EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..




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  • gcnirvana
    04-27 06:39 PM
    In my opinion, looks like another placeholder bill just before CIR.




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  • navyug
    05-14 10:59 PM
    Hi,

    Received REF this week: for LCA vioation for a particular period.
    I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
    My employer missed filling LCA FOR 2006.

    Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....

    You are faking!!!

    Here are the reasons...

    1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

    2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

    3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

    4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

    So Stop faking!!!



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  • iv_only_hope
    02-17 10:10 AM
    Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?




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  • jackisback
    02-14 02:07 PM
    I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.

    Just FYI.. I did send the letters last week.

    Thanks,
    Abhay



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  • frostrated
    03-16 03:06 PM
    please see below.


    Background:
    My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.

    I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent

    Questions:
    1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
    2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
    3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
    4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
    5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
    6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
    7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
    8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.

    Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.




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  • jthomas
    05-18 11:15 AM
    Thanks for more information
    1. I guess you don't have a H1B visa
    2. You never had a EAD card. because you need your W2 verified by USCIS
    3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.

    you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.

    Thanks
    J thomas


    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam



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  • vindas
    06-14 02:05 PM
    Don't worry. I had received a call 3 years back from Department of Homeland security. They asked me that someone was taking picture from my car on the highway. someone had complained that we were taking pictures of "George Washington Bridge sign board" from our car. We had not even gone on that highway that day.
    We told him that it is a wrong car. Why would we go on the highway and takie picture of the sign board. Somone have given wrong information.

    After that we never got that kind of call. No issue at all.




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  • Dhundhun
    09-21 12:26 AM
    Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.

    Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.

    One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.

    This is like a question what is project success?
    - For investor/owner, it is money
    - For management, it is successful completion perhaps in time and in budget
    - For engineer, it is promotion, recognition and sometimes rewards

    Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
    - Worst case a guy gets GC just one day before marriage - forcing seperations for years
    - Best case - perhaps freedom from slavery



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  • jonty_11
    08-01 01:25 PM
    They dont have to process squat...in 1 month after Oct ...they dont care...

    They will enjoy Xmas holidays any which way.....we r the ones who will suffer.
    Sorry ...just a pessimist today.




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  • howzatt
    11-14 02:22 PM
    As per my family experience: for my husband and daughter they issued EADs without
    FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
    in a 4 days after FP was done.

    So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
    in some cases they(USCIS) may pretend that there are a requirements( depends from officer)


    Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?

    It is probably just this IO who has a different intepretation of the rules.



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  • cool_guy_onnet1
    06-01 01:49 PM
    Hers's the SOURCE...
    http://www.shusterman.com/toc-it.html#B
    FIRST ITEM IN THE LIST


    Let's fill the mailboxes over the weekend... I am driving to Atlantic city-- Worse the traffic, better for IV!! I will be calling for 3 full hours! Love my Blackberry 8800, fill in the numbers and just keep calling using "auto dial next feature"!
    http://www.shusterman.com/toc-it.html#B
    First ITEM in the list




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  • tikka
    06-22 09:30 AM
    My laywer has adviced me that the skin test is mandatory


    The Tb (skin test) is mandatory..



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  • adiboss007
    06-07 10:52 PM
    http://ashwinsharma.com/2007/06/03/nasscom-statement-on-the-h1b-program.aspx




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  • psam
    12-16 10:58 AM
    Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?

    I took usual 20/25 days. Dont exactly remember.



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  • gk_2000
    01-26 03:25 PM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them




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  • wait4ever
    09-07 07:31 AM
    Rally slogan?

    Bad Idea - just the sort of material that Anti Immigrants are looking for




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  • senthil
    08-21 09:46 AM
    have fun




    sbdol
    08-05 06:33 PM
    ...

    What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
    If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.




    Pineapple
    10-10 08:54 AM
    My wife finally got her EAD card.. Hooray!

    But: It has MY photo on it instead of hers!! All other information on the card is correct.

    I called USCIS and the received wisdom is that I need to send in another I-765 (with no fees as it is obviously their mistake) and include the current EAD card.

    Is this the only option? We cannot wait for another 3-6 months while the application is lost in the pile (again).. I asked the USCIS representative if the local office can help, but she wasn't sure either way..

    I was wondering if anyone has had a similar experience and if taking an Info Pass appointment helped in getting a corrected card faster.



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