Tuesday, June 14, 2011

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  • bigboy007
    06-21 10:49 AM
    but why are you so sure your 140 will be denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected.

    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.




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  • snathan
    03-31 01:42 PM
    You were one of them, if I remember right..
    However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.

    When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D

    Care to explain...? I never used this in any argument.




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  • eb3_nepa
    05-03 11:07 AM
    Most US citizens have NO clue about our plight. They literally have ZERO clue about our plight. What is worse is, people who came here thru family based immigration have an equal amount of lack of clue about this problem. Right now all the citizens see in us is the enemy (they take our jobs away), they have no idea what kinda stuff we have to go thru to "take their jobs away"!

    EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.




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  • skodu
    08-03 12:35 AM
    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.



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  • mysticblue
    08-17 12:31 AM
    I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

    Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

    1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

    2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

    3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

    4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

    5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

    Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.




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  • GotGC??
    03-09 07:01 PM
    Just goes to show that reform is the only solution. There is no point waiting out for the Visa bulletins for the next 6-7 months...

    But someone was mentioning that unusedvisas for the current year is "released" in the 4th quarter (July-Sep). May be something would come out of that...

    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.



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  • copsmart
    06-15 02:52 PM
    Given below are my case details.

    Paper Based – Sent to Phoenix Lockbox, rerouted to CSC

    Mailed Date : May 18th
    Delivered Date : May 19th
    Received Date : May 20th
    Notice Date : June 1st
    1st SLUD : June 2nd
    2nd SLUD : June 9th
    3rd SLUD : June 10th
    4th SLUD : June 11th

    No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?

    I would really appreciate if CSC/WAC applicants post their case status updates.

    Thanks!!!




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  • apb
    08-06 06:54 PM
    Bump



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  • saketkapur
    01-21 12:57 PM
    Hi Guys
    As all of us know that the renewal process for EADs will start from end Feb for people who were short changed last year and had lost 3 months on their EAD renewals in EAD. USCIS had issued record number of EADs by June end last year to avoid giving 2 year EADs and those people are coming up for renewal now.
    So to me it looks like a pure scam. Move the dates significantly ahead since if the PD is current then they only need to issue 1 year EAD and then move them back next month or so.
    Keep milking the cow as current PDs do not neccessarily mean getting green. Just my 2 cents.
    regards
    Saket




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  • belmontboy
    11-16 10:27 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks

    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.



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  • kaisersose
    07-24 11:21 PM
    Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

    Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

    Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


    Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.

    No. You are fine. If you are absolutely sure that your 140 will be revoked, then you may want to consider notifying CIS about your job change. It is not mandatory, but there is a chance that it may help avoid the nuisance of CIS making a mistake and denying the 485 and you having to reverse their decision through an MTR.




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  • krishmunn
    02-02 07:53 AM
    If you are working in a arbitrary job in a location different from where TVU is (which indicates you never attended classes in TVU) , you are in serious trouble. Your best bet in that case is to quietly leave US ASAP or change your status to H1/H4 if possible.

    In any case, stop working immediately and talk to an attorney.



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  • pponakan
    05-31 02:31 PM
    Contributed $350 so far. Will contribute another $100 today.




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  • absaarkhan
    01-10 04:28 PM
    You Can work for the same Employer On H1 even after entering US on AP.

    It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
    Please let us know if anybody has done this successfully.



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  • atlgc
    11-08 10:56 AM
    hello

    work for decent size company (1500 employees).i am the only non citizen/non gc holder

    applied eb3 and stuck since 2003.gained masters in 2006

    planning to apply to EB2 with different title .

    my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

    in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

    does that mean its guaranteed audit like that meaning do they question or is it possible

    any experiences who ported are appreciated

    thanks




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  • abq_gc
    07-18 06:16 PM
    HI Guys,

    How do you decide, whether to file at NSC or TSC ?



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  • like_watching_paint_dry
    02-27 07:43 AM
    Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.




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  • kumar07
    09-13 11:10 AM
    Somebody please give me suggestions?




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  • EkAurAaya
    05-22 04:54 PM
    at the rate my lawyer is going, i will be lucky if it gets filled before June 30th! :D so rest assured I'm filing after 10th!




    gc_rip
    08-10 08:53 PM
    Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
    Why can't democrats come up with a bill like this, good for EB immigration? And what would be a reason for Democrats to vote out this bill?




    tinku01
    07-16 04:22 PM
    Bluez,

    How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.



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