Friday, June 24, 2011

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  • saravanaraj.sathya
    08-03 10:29 AM
    Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...

    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)




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  • Gravitation
    03-15 01:24 AM
    What I understood from Ron's article:
    They're not processing fast enough to exhaust visa numbers.
    They want to minimize visa number wastage.
    They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
    Many people will have dates current, but few will get approved... it'll be luck of draw.
    Dates will then return to retrogressed levels at the beginning of the next financial year.
    However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.




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  • prolegalimmi
    03-27 08:41 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee

    No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.




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  • doudou
    07-26 12:40 PM
    mambarg wrote

    Nebraska is processing Apps received June 29th

    So in next few days, as expected we may start seeing processing or receipts for July 2nd filers on Aug 1st at least at nebraska.

    I saw it on __________________


    Do you know if some June 29th filers received their recipt numbers?
    Thank you!



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  • zimmy100
    03-24 12:30 PM
    Friends,

    I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
    I-140 got approved on Sep.

    In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.

    When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.

    Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.

    Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
    I do not know how can I trust this answer. Share your thoughts...

    -Thanks for your thoughts..




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  • njdude26
    07-03 09:52 AM
    Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.



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  • malibuguy007
    10-01 07:49 PM
    Please help with the contribution drive

    http://immigrationvoice.org/forum/showthread.php?t=21817




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  • H1B-GC
    07-13 03:23 PM
    The blog is an 'ancient' news in IV.This been discussed and discarded



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  • amits
    12-18 10:38 PM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?




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  • anuh1
    03-25 01:53 PM
    Yes you can recapture. Most of the people do the same way if they dont have enough time.



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  • krishna_brc
    05-05 11:27 AM
    Here is my story, Immigration experts are requested to suggest.......

    What should I do now ? Will this H1 extension rejection become an
    obstable in getting I-485 approved ? Will there be any problem in getting
    third extension of EAD if I-485 is still pending ?

    Should I appeal this case by submitting all the end client contracts ? But I have
    used EAD ...........I have good relation with Employer A and am assuming he will
    not revoke my I-140.

    Experts please suggest........

    EAD extension is solely based on Pending 485, so you should'nt have any problem.

    Since you started working on EAD invoking AC21 i don't think you are on H1 status anymore.

    Again i can be wrong. Please take an expert attorney's advise.

    Thanks,
    Krishna




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  • msgoud
    03-09 12:54 PM
    he is india
    he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.



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  • das0
    06-22 09:30 AM
    [QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.




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  • santa123
    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts



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  • Saralayar
    08-12 09:14 PM
    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?
    Did yo recieve the reciept notice for your I 485 and your check cashed?




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  • pmlboy
    05-01 04:16 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)



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  • chanduv23
    09-10 06:47 AM
    Post mortem would reveal a lot of information - but I doubt if the officials would ever do that - the very fact that they reversed the bulletin fearing investigation and media publicity is that something "not very good" has been happening and they covering it up by saying backlogs, retrogression, process must be improved, etc...




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  • meridiani.planum
    04-07 05:00 PM
    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota



    just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.




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  • Berkeleybee
    03-22 04:36 PM
    We have prepared a new document for public release analyzing this problem.

    You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.

    It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.




    willwin
    03-29 11:47 PM
    I got my PWD today!!

    Filed on 5th Jan and received today.

    Next, the LC waiting period starts!!




    nepaliboy
    02-11 10:01 PM
    I am also same boat. Not yet



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