xgoogle
08-21 10:09 AM
Any updates from people in this situation ?
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krishmunn
03-27 10:04 AM
I seriously doubt the genuinity of this poster. No authority will hold a valid passport of a foreign country, no country will allow to let one in with a copy of passport heck the airline will not even allow to board without a passport.
This guy may be here just to play some scare tactics.
This guy may be here just to play some scare tactics.
srkamath
08-05 06:15 PM
It is illegal for the foreign employee to pay or to reimburse the employer (or even agree to a reduced salary) to cover the costs of the foreign labor certification process. There are no exceptions to this - there is no varied interpretation either. The labor certification will be denied or revoked if the foreign applicant had any role to play in the recruitment process.
Disclaimer - This is my understanding, i'm not a lawyer.
Disclaimer - This is my understanding, i'm not a lawyer.
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zephyrr
12-02 10:15 PM
From another thread on IV, I've read that you should keep a copy of
you approved 140 as proof that your 140 was approved. You should
definitely check with a lawyer before making a move. It is true that
you can get a 3 yr H1B extension based on your old 140. If the old
140 is revoked, according to the law, you are not allowed to get an
extension based on it - however, a memorandum issued by USCIS
says that you can. It would be best to get a 3 yr extension before you switch.
but employer keeps the LC and I-140. If I move to new employer
what is the proof that my I-140 was approved.
Thanks
you approved 140 as proof that your 140 was approved. You should
definitely check with a lawyer before making a move. It is true that
you can get a 3 yr H1B extension based on your old 140. If the old
140 is revoked, according to the law, you are not allowed to get an
extension based on it - however, a memorandum issued by USCIS
says that you can. It would be best to get a 3 yr extension before you switch.
but employer keeps the LC and I-140. If I move to new employer
what is the proof that my I-140 was approved.
Thanks
more...
dskhabra
08-13 04:02 PM
What if
India is going to charge
IBM,
Accenture,
EDS,
Microsoft,
Google,
Cisco,
Intel,
Motorola,
Facebook,
Goldman Sachs,
Morgan Stanley,
etc., companies to fund for securing all state borders and states from bomb blasts from terrorists.They do not know how much they want to collect. Still counting , because India had heavy losses because of these blasts.
I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....
India is going to charge
IBM,
Accenture,
EDS,
Microsoft,
Google,
Cisco,
Intel,
Motorola,
Facebook,
Goldman Sachs,
Morgan Stanley,
etc., companies to fund for securing all state borders and states from bomb blasts from terrorists.They do not know how much they want to collect. Still counting , because India had heavy losses because of these blasts.
I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....
smurugan
11-01 05:38 PM
Hello
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
more...
arjunpa
08-18 11:58 AM
TXH1B,
Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
I was planning for that in the worst case, to exit/re-enter through Canada.
I will keep the 245(k) rule in mind. Again, Thanks for the answer.
Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
I was planning for that in the worst case, to exit/re-enter through Canada.
I will keep the 245(k) rule in mind. Again, Thanks for the answer.
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kami97
06-10 01:40 PM
Help!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
more...
lost_in_migration
05-15 01:38 PM
Well that one was created my me :D
I was checking whether we have a poll to see the yearwise break-up of PDs for EB3
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
I was checking whether we have a poll to see the yearwise break-up of PDs for EB3
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
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invincibleasian
01-31 03:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
more...
sury
11-08 09:19 AM
Many thanks for the information
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admin
04-03 07:32 AM
Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.
http://darwin.nap.edu/execsumm_pdf/11463.pdf
Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.
IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.
brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.
more...
house Poison Oak - This is a common
rsharma
07-24 06:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
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bigboy007
12-10 02:56 PM
Please consider contributing IV...IV need your help to resolve our immigration problems.
http://immigrationvoice.org/forum/showthread.php?t=15905
Oh definately no worries i am going to contribute + i have requested 20 of my friends to join IV and participate the funding drive. I am comitted to IV
any more ideas on my question please reg. 140 porting i am not sure .. and if we dont have to intimate USCIS. Help me out
http://immigrationvoice.org/forum/showthread.php?t=15905
Oh definately no worries i am going to contribute + i have requested 20 of my friends to join IV and participate the funding drive. I am comitted to IV
any more ideas on my question please reg. 140 porting i am not sure .. and if we dont have to intimate USCIS. Help me out
more...
pictures Poison Ivy, Poison Oak,
wellwishergc
12-26 11:39 AM
I will join in.
I will be calling in.
I will be calling in.
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desitechie
07-14 08:43 PM
One should be good enough.
more...
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gccovet
05-08 03:47 PM
Thank you senk1s & gccovet. Have added some Green's to both of you !
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
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smartboy75
06-21 02:02 AM
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
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LostInGCProcess
03-03 12:02 PM
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
mpadapa
03-24 01:31 PM
Excellent Job, Mark.
U'r response was crisp. Thanks to caller Andy for clarifying few things
U'r response was crisp. Thanks to caller Andy for clarifying few things
benbear
11-09 09:39 AM
Let me simplify the EB backlog equation:
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
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