Saturday, June 25, 2011

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  • immigrant-in-law
    04-20 10:04 AM
    COngratulations!
    Also, can you please tell me for what period has your H1 been extended. Is it for 3 years or for the duration of your current assignment?

    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful




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  • mk58581
    06-06 04:15 PM
    Hi

    I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

    But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

    They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

    Do i stand any chance if i contact DOL or a lawyer not payin' them.

    Any suggestions or help would be greatly appreciated.




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  • chanduv23
    09-30 04:43 PM
    i just called USCIS to find out when i would be recieving the mail...a very nice lady told me that it is taking 30 days for us to get the mail. Even though they say they have mailed.

    She said one more thing which I am not sure how far I would beileve....she said:
    "It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."

    i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.

    I am not sure what to make of this.....


    She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe




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  • meridiani.planum
    02-01 05:23 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

    yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

    There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

    Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...



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  • rajbgp2002
    12-22 05:56 PM
    If a person has filed I-485 at least 6 months back and got laid off from job,
    How much time does the rule permit to find another similar job and use AC 21.

    Is this similar to H1B grace period or say no grace period.

    thanks




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  • srini1976
    01-10 07:50 PM
    I heard yes. 20 employees were laid off on 13th Jan



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  • ArkBird
    03-16 12:22 AM
    For me it's hard to see the difference between both the jobs. Seems like both fall under same DOL code.

    I would say don't worry and go for it. I have done switch from being programmer to DBA and I won't lose a single second of sleep on that.

    hi,
    Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?

    I would appreciate if anyone who invoked Ac21 can help




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  • Munna Bhai
    01-31 03:28 PM
    Why employer has to pay for revoking I-140 and how much it cost them? Any idea? suggestions??



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  • centaur
    02-09 11:09 AM
    Excellent idea.

    Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
    grounds for a law suit!!




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  • indianindian2006
    02-17 10:59 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?

    The reason for only him reporting so far could be that it was a Southern California chapter meeting and he is the local attorney out there.



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  • desidas
    01-22 11:24 AM
    Thank you JAPS19 - This Helps - Thank you.

    I dont have H1B for the new company, just employment letter and pay stubs.

    Can you please advise why you were sent to downtown? for what verification?

    Which airport was your port of entry?

    I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.




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  • kartikiran
    11-09 05:21 PM
    Done.

    I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.

    Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.

    Only reason, I am not sure where my life would end without knowing an answer to my green card application.

    I think this is a key point which is missing in the survey.



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  • thediablo
    05-30 04:59 PM
    bah dont get sad... i know you can do it worst than that :D

    :thumb:




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  • jonty_11
    01-31 01:49 PM
    I think we need to help ourselves, please contribute to IV and help yourselves.



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  • meridiani.planum
    06-02 02:12 PM
    I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?

    that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)




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  • rnvd
    10-31 10:10 AM
    Hi Ramba,
    The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.



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  • ssnd03
    07-12 04:10 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

    It will not solve retrogression which is a bigger problem, but requires congressional action for number increases

    BTW my AOS is pending due to indefinite background check delay.




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  • Nil
    06-16 08:52 AM
    ^^^^^^^^




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  • eb3_nepa
    07-29 05:42 PM
    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".




    FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)




    Libra
    11-15 11:32 AM
    bumping....



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