Saturday, June 11, 2011

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  • champu
    03-12 09:46 PM
    Thank you all. I hope this year all of you would also sail through this tough journey.





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  • lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.





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  • morchu
    05-21 09:39 PM
    1. No
    2. ??? don't do any amendment. Just file a new eb2-140.
    3. No as long as you leave your EB3-140 as it is.

    Attorneys or Gurus please:

    I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

    1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

    2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.

    3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

    Regards,
    Raman





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  • gc_lover
    04-27 09:57 AM
    I had received the same story in email about 7 years back.

    You are right. I keep getting emails with this story every now and then. I have travelled so many times to India and never had any problems of such kind at airport.



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  • my_gc_wait
    08-10 12:16 PM
    yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
    For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)


    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.





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  • mytrix76
    01-11 07:54 AM
    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.

    Thanks for the response. Can you please tell me how you were able to confirm that one can continue on H1 with same employer. Did you do this personally or did you hear from an attorney. The reason I am asking is that I want to be completely sure about it before I implemented it

    Thanks again.



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  • eb3retro
    09-09 05:23 PM
    can you show me a single post in IV that states that they have travelled after applying for AP, and come back with an AP. May be I missed it.

    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.





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  • walking_dude
    10-26 09:57 AM
    Pakal, you just made an offer no state chapter can refuse :)

    Trust me, IN guys, it will get you more members. I got a couple of members to attend by calling them. Not all the members are active on the forums, though they are interested in doing the volunteer work. Even if the numbers that add up after those 30-40 calls is small, it does publicize the existence of the chapter to other members; who most probably will join once they start seeing the chapter stable and working for a few months (think of it as a publicity campaign ).

    You guys followup with Paskal, he can help you run a Newsletter to reach all registered IN members. Keep it supplemental to calling the members (and not as a subsitute).

    We ( MI chapter) recently had our meet. If you guys are interested PM me. I can provide you more details on what worked, and how we did preparations for it.


    Hi,

    I suggest you guys bump this thread periodically and keep it on the front page.
    Lynne, I can provide you some help with info on IV members in IN.
    Please pm/e mail me. Thanks for your effort!



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  • dixie
    11-06 01:33 AM
    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks





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  • dagabaaj
    01-23 11:19 AM
    Finally the dates for I-140 have moved beyond the 8/15/2007 for Texas service center. That is a good sign. We should see some I-140 approvals soon then.



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  • rajeshalex
    08-04 02:18 PM
    She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.

    If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer

    Rajesh





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  • snathan
    05-01 11:55 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.



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  • diesel
    05-25 08:51 AM
    The immigration council said he will pass our concern to the senator.





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  • immilaw
    09-17 11:44 AM
    Few things to remember
    1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

    2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

    3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

    Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

    I think people from India with post 2004 Pri dates should
    a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

    b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

    c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

    d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

    e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

    Use this thread to post new ideas.

    I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.



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  • saileshdude
    07-26 07:58 PM
    It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try

    Hi Chandu

    Were you able to talk to any good immigration attorney regarding what happens if I-140 is revoked. You can PM me to let me know.

    Thanks.





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  • jthomas
    05-06 03:44 PM
    This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.

    So what will IV gain by meeting lawyers and paying money to just get in?
    Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?

    And if you want to go then go. Why do you want IV to pay your $350?

    Doing something is always better than doing nothing. If IV members would go for the meeting there are chances that they would meet some people and talk to them. In the next meeting these people would go to the stage and talk about IV. If one does not do anything there is a high chance that one would do anything in future.
    Please motivate IV members to do something. It does not matter whether it would bear results or not. After few errors they would be doing better and right things. Lets walk the talk and not talk talk talk.



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  • HOPE_GC_SOON
    08-05 11:47 AM
    Thanks Dealsnet;

    Do you have any clue on "ADIT Processing'. Do we have to do anything ?
    Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?

    Just curious to know, if you have any info.. :)

    thanks,:)

    The sequence you mentioned is correct.
    I did received 3 same paper welcome notices !!!!
    Next paper notice received contain GC.





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  • rjgleason
    January 5th, 2005, 02:08 PM
    Just some saturation on the reds...but that's how it looks in real life
    Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.

    OH.....can you get me a diet-Pepsi????





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  • sertasheep
    05-24 01:52 PM
    Great job, Salil. Can you share your experience working with the press? Was it easy getting the newspaper to carry this article, or did you have to pursue this for a long time? The reason I am asking this is, its hard for one to determine what the media will print. They may take one quote from you but might use it in a different context. I came very close to quoting on Seattle Times but stayed put as the reporter wanted my opinion on the "other" current debate that's going on, and she was not willing to carry an article on Legal immigration alone.





    gapala
    07-23 08:45 AM
    Hi,
    I don't have surname in my Passport my full name is given in " Given Names".
    so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
    IS it ok ? or does it create any problems while I go for visa stamping/interview.
    If I cannot put NA then what do I put in Surname column on D-156 and D-157.
    Thanks

    You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)

    This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.





    puskeygadha
    07-17 04:03 PM
    they are not able to say when dol will release their cases.
    I think they will be PUT INTO SUPERVISED RECRUITMENT
    we are screwed



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