Friday, June 10, 2011

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  • vandanaverdia
    09-11 11:59 AM
    Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
    Help IV help you...
    Come to DC....





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  • seahawks
    07-21 09:28 AM
    I'm not sure if Indian citizens are eligible to apply for an investment visa here...

    of course they can, investment visa has not country quotas. Money speaks:)





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  • nat23
    03-14 07:51 PM
    after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

    do not need an airport transit visa

    I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?

    You need an unexpired visa (approval notices wont work)





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  • logiclife
    06-01 06:33 PM
    No, you cannot file for I-485 unless your PD is current. This is as per the current law.

    Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.

    As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.



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  • ragz4u
    05-03 11:49 AM
    We have already sent the reporter an email on behalf of IV.

    And, also please note that IV does not have anything against Illegal aliens. We are sympathetic to their cause but have no opinion regarding amnesty for illegal aliens

    If someone wants to go to this protest/write to the reporter, do so in individual capacity please (do not claim to represent IV).





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  • desi3933
    05-20 09:51 PM
    ...........
    Is it possible to have EB2 category and old priority date without refiling new I-140?

    No. You need 2 (or more) approved I-140s to port PDs.


    __________________
    Not a legal advice.



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  • ngopalak
    07-05 12:59 PM
    i think you are right. 100 M is a LOT of money to forsake for an agency like USCIS.

    That I think is the reason they had to stop people from applyng before Julyy27th


    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.

    100,000,000





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  • prasadn
    09-10 08:54 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    My current position was advertised as MS with 0 years experience even though I had MS + 4 years experience. However I applied in old labor system (pre-PERM).



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  • neha_garg123
    01-08 07:22 PM
    I rue for the big "premium" company that has hired a "premium" MBA graduate that cracks under pressure. A Satyam waiting to happen I guess ... best of luck


    Thanks a lot Hinglish. Btw are you really sad or just a pessimist? Anyways I pity u!!





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  • sagar_nyc
    02-10 05:31 PM
    My I 140 got approved in 2006. And my lawyer got approval notice. He also gave me copy of it. I just registered my I 140 case number on USCIS site. I was stunned to find out the status that
    Current Status: Notice Returned as Undeliverable.

    On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

    I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.

    I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.

    Gurus what you think?



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  • gbof
    11-20 09:01 PM
    Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

    Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.





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  • TEKNMEK
    02-09 11:11 PM
    Hi
    My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
    1. Can I get an emergency appointment?
    2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
    3. How long does it take to recieve the passport after stamping?

    Any help would be greatly appreciated.

    Thanks,
    TEKNMEK



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  • gc_on_demand
    05-13 11:01 AM
    Dear members

    Please dont keep hope that there will be a CIR in a year. Why ? Mr President is not confident that he will bring it or not otherwise he would have sound plan and announcement. He is asking Mccain to take a lead on this and remember that news Mccain was angry on mexican delegation who went to him to argue to bring CIR.

    This year they will not bring it with unemployment and other reason. Next year it will be election year.


    If time is good they will attempt in 2011 so it will help in election 2012...again nothing can be done in 2012 too..





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  • sbmallik
    07-23 01:55 PM
    In the stated situation, I would opt for changing the I-485 case to consular processing.



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  • nivasch
    05-26 07:46 AM
    Thank you Team IV, QGA & Staffers of various Senators, for all your efforts.:)





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  • gchopefull
    10-02 03:39 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks



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  • EB3_SEP04
    07-01 07:37 PM
    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!





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  • STAmisha
    11-14 02:17 PM
    Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.

    What does this mean? Kiss my LC good bye? Please explian





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  • kaisersose
    11-15 05:34 PM
    No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

    "Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

    Link: http://online.onetcenter.org/link/summary/15-1031.00

    Nope...this supervision is in the capacity of a senior engineer/technical resource. Once the word manager appears in the role it falls into the manager basket which I believe is is code 11.* It will probably never occur to the IO to consider job code 11 for a manager.

    Perhaps there are some bold risk-takers out there willing to take chances and claim to be in code 15 although they have manager profiles, but I am not one of them.





    vin13
    01-16 01:28 PM
    You may be right on that.

    But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.





    GlobalCitizen
    07-27 10:31 AM
    Thank you every one for your help. I have decided to apply!



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