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masingh
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 Some Questions on EB-2

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Posted on 07-11-06 7:58 PM     Reply [Subscribe]
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Sajha Fellows,
1. I heard that EB-2 catagory is also going to retrigression soon and there will be no Green Cards available..........has anybody heard anything?

2. Does the candidate of EB-2 should meet minimum wage requirement?

3. Previous Work experience letter (if from Nepal) should be sent to USCIS directly by Employer. Is that true?? Does not the copy of work experience certificate work??

Thanks.
 
Posted on 07-29-06 4:46 PM     Reply [Subscribe]
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thankx mansion. i really appreciate your help.
good service by neplai to nepalese
 
Posted on 07-30-06 11:12 AM     Reply [Subscribe]
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Interesting thread. I have a Masters degree and my OPT expires June 2007. My employer filed for H1-B and I just received a copy of I-797C. This document has a Receipt number beginning with EAC and Notice Date as July 19, 2006.

My question is how long will it take for H1-B to get approved?
After H1-B is approved, does this mean my OPT card is good no more?
How long will it take for me to get Green Card if my employeer files with EB2 category?

I have been hearing stories that people are getting GC within 11 months under EB2? Is this really true?

Any light shed would be greatly appreciated. Thanks.
 
Posted on 07-30-06 6:38 PM     Reply [Subscribe]
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Maila Dai, i think what you have heard about eb2 is true (around one year). But eb1 is even faster (six months or so).
 
Posted on 07-30-06 9:37 PM     Reply [Subscribe]
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mansion,
what do you mean by that he was not a legal US RESIDENT allowed to work before he got a green card?
u mean that a person in OPT (F1) takes an employment contract then it is not VALID... that person can do anything... absolutely NOT. "ur statement their is NOT TRUE". you cannot generalize such statement .. it has very many connotation hoina ra....

Imagine a scenario,
a H1B gets into a contract. saying that he would be sponsored provided that he would stay with the company for 3 years after he gets his green card. Companies usually mention that this is not a commitment from the company's side that they would employe him for 3+ years.. employment contract is still HIRE AND FIRE @ will .. or depends on the contract itself... what kind of employment it is...

If he is sponsored, and the company fulfills their end of the contract, then he has to fulfill his obligation i.e. stay and work for 3 years.

YES HE CAN BREAK THE CONTRACT. HIS COMPANY CAN SUE HIM AND GET REIMBURSED FOR THE VIOLATION does not matter whether it is mentioned in the contract or not. I believe it would be in his/her best interest to return the cost of sponsorship. that would be reasonable thing to do if he is breaking the contract.....

BUT U CANNOT SAY THAT CONTRACT IS NOT VALID.. that CONTRACT IS LEGALLY VALID. you can find similar cases in CALIFORNIA systems.. where in some employee had to bear the cost... . in some overtime payments had to be made to the employees by those consulting firms .....

NOW there are lot of things to consider,
Usually reputed companies to not get to these kind of scuffle of stay longer.. or u will b charged etc..
my personal opinion .. it has to be one of the consulting firms.... owned by immigrants...
now .. before you burn ur bridges...
a. make sure that you have not falsified any information in ur green card application or your labor certification process. for example.... your experience, education etc...

if you have make sure that you pay them the lawyer fees and get something in writing that they are not going to cancel your sponsorship or report.

[ now rule is that they can RETRACT LABOR CERTIFICATION]

YES. even after you get your Green Card .. sponsoring company has an obligation to report you to INS that you have left and they are no longer sponsoring you. Now if any way they can INVALIDATE YOUR LABOR. UR GREEN CARD can be CANCELLED. and THIS IS TRUE. THERE IS A PROVISION NOW..... FOR THIS.....
 
Posted on 07-30-06 9:46 PM     Reply [Subscribe]
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mansion,
sorry.. my fault.. u did say u r not sure.... i should have read more carefully....
 
Posted on 08-02-06 9:28 PM     Reply [Subscribe]
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20,000 H1-B quota for Masters Degree is over.

Source: [http://www.uscis.gov/graphics/publicaffairs/newsrels/H1BMasters072806PR.pdf]
 
Posted on 01-07-07 8:50 PM     Reply [Subscribe]
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you should meet at least level 2 wage for the position which has level 1 wage for bachelors degree.
 
Posted on 03-03-07 7:50 AM     Reply [Subscribe]
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Interesting Thread.
I have a concern probably most of us have gone through.
I am working on H1b through a consulting firm and I am planning to file for EB2 soon.
i had worked off campus on my SS while I was doing my Masters.I have filed all my taxes on time.
My question is:
Will this(working off campus) affect my EB2 filing? I have heard that you will have to pay some fines and should be OK as long as you have paid taxes. Is this true?
Please share your experience.
Thanks
 



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