Sunday, June 26, 2011

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  • himu73
    06-21 01:04 PM
    Hello,
    I dont see how they can ascertain whether case is complicated without opening it and doing some analysis. It would be only possible if they just hang a case in between after they open it or else one way is by weight (joking).
    They might have a weighing scale and lesser weight of the application simpler it is (HAHAHA)

    we can only guess

    i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc




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  • senthil1
    05-18 01:14 PM
    This is an excellent provision. I support giving exemption for PHds from H1b also. It is not that much easy to get Phd and very less people opt for phd. This should not get any opposition even from anti immigrants.

    and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...




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  • prioritydate
    09-21 11:27 PM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?




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  • senthil1
    06-11 10:47 PM
    1. Legally speaking he has to leave immeditely. But INS is not inhuman in those cases. If he finds a job within a few weeks he should be ok unless his previous company cancels H1b.

    2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.

    3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.

    4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer

    Those answers may not be accurate but may give some idea


    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!



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  • arundhati_datta
    07-08 06:14 AM
    Hello ASh027,

    I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.

    Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.

    Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.




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  • bigboy007
    06-17 04:13 AM
    There might be way but may be you need play carefully : this is possible before you actually get your GC , Once you apply for GC and CAn PR , PR takes 1.7 years where as GC whole process needs atleast 4-5 years i dont know wherez ur state at ( that time line is from scratch)

    Now you can play staying in windsor area before you actually take up GC and then apply for citizenship while leaving this is possible but timing and luck needs to play . But you cant have both for sure.



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  • admin
    04-02 03:08 PM
    Rajatish,

    Please take a look at our National Interest Fact Sheet.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36




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  • Green.Tech
    09-16 03:08 PM
    Pray God!!!

    It Is More Important!!!!!!

    HE will help if we do our part i.e. Call.

    Keep calling guys!



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  • sunray
    10-07 03:57 PM
    hi,
    I am in a similar situation.
    I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
    I got the approval yesterday with a letter saying that my extension of stay has been rejected.
    The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).

    Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
    Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
    If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?

    Any advice is valuable to me.

    Thanks in advance.




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  • andycool
    04-23 02:49 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that

    I think your Employer is trying to scare you ...:)



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  • Green06
    08-24 10:48 AM
    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.




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  • thomachan72
    09-13 12:02 PM
    I appreciate the original post. I also request the moderators to come up IMMEDIATELY with strict rules and regulations for posting on this website. Posts that go against the principles that IV stands for should be IMMEDIATELY deleted. We dont need such posts here. This is not about EB3 or EB2. Given that the backlog for EB3 is bigger than EB2 we are seeing great deal of frustration among our folks but we have to approach this issue carefully. The question is, have we specifically aimed at getting anything for any spefic catagory? the answer is NO. I believe most of the administrators including pappu and previous guys were EB3. whether a person applies in EB3 or EB2 depends entirely on the job specifications and not the qualifications also since lot of the software jobs currently fall under specifications for EB3 we are seeing lot more applicants in EB3. I however believe that once we get through the next couple of years there is certainly going to be a faster movement in all catagories. Meanwhile we have to stand united and not allow FALSE prophets to post hate on this site. The poster you are refering to is CLEARLY A COMPLETE FRAUD. look at his/her language and how many of our members have you ever noticed to use such language. Even our most angry members never use such words so ELOQUENTLY!!! He/she is apparently a person who has lost a job and is angry about immigration as a whole and takes pride in posting such material on immigration related websites. So our members should immediately take notice of such posts and either ignore them or report them to the moderators.



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  • WaitingYaar
    10-02 08:17 AM
    This is how PD and RD work.
    ASSUME ALL ARE EB3

    Mr. A PD JULY 2004 RD MARCH 2005(1)
    Mr B PD FEB 2004 RD DECEMBER 2005 (2)
    MR C PD JAN 2003 RD JANAURY 2006 (3)

    USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
    IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
    If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
    If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
    If visa bulletin date is August 2004 "Mr A would get GC first"

    In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.


    What about if PD is current, and your RD is outside their normal processing time. If you do not see any LUD change, what does this mean?




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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.



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  • guygeek007
    07-19 09:07 AM
    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • ImmiLosers
    09-26 08:53 PM
    Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.

    This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.

    Just to correct you - if you request USCIS to port your old PD during 2nd 140 approval you are good; if you request during I-485 , you got to attach both I140s, which is another recipe for confusion.
    In my case I ported but did not get the benefit yet ;

    Do it when you have desperate situation? Not sure whether USCIS scrutinize
    such applications more than others.



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  • jnraajan
    03-24 05:22 PM
    Good Job Mark.




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  • inskrish
    02-24 10:08 PM
    There is another thread where the same topic was discussed earlier: http://immigrationvoice.org/forum/showthread.php?t=2095




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  • hmehta
    09-07 11:59 AM
    Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).

    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there




    gcdreamer05
    01-12 01:42 PM
    best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...

    One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...




    eb3India
    04-13 09:43 AM
    are u kidd'n me,

    Indians who are here with GCs most of them run Bodyshop companies, they get up everyday morning and offer two cocounts and couple of agarabthi to Lou Dobbs, Mits Ramni, USCIS and co for delaying our GCs so that they can sell more labours, keep h1bs for more time

    get real dude, no one is bothered about us,



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