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  • martinvisalaw
    02-23 06:04 PM
    YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.

    You need to intend to work for the sponsoring employer once permanent residence is approved.





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  • up_guy
    08-27 04:09 PM
    What was the cause for H1B rejection??

    My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
    I donot know any other details, as lawyer did not share it with me..





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  • needhelpASAP
    04-27 04:02 PM
    Thanks so much for all your advice! I feel a little better now.





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  • WeldonSprings
    05-18 06:51 PM
    This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

    There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

    This lawsuit is to bring justice to the last three years of absolute anarchy.

    This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

    I think Indian EB3 will join shortly.

    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.



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  • munshiviral
    10-26 02:55 PM
    Hi Guys,

    Thanks for the feedback. Still I am little bit confused so here are my very specific questions.

    1. Can I work for a US firm which has office in India while staying in India?

    2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?

    3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?

    Thanks,

    Mickey





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  • akred
    05-26 07:27 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.



    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)

    1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.

    2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.

    I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.



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  • nik.patelc
    02-18 08:39 PM
    I just noticed that your PD date is Nov 2004 EB2. I am just curious that CIS is processing case with PD NOV 2004 in March but March 2009 bulletin show EB2 Feb 2004.

    Would you share details when did you get GC interview?





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  • gcnirvana
    06-22 12:12 PM
    If you have MS Office Document Image Writer installed in your system then after editing ur PDF, you can print it to MDI and it will save it as an .mdi format. You can take a print out of it later at your convenience. Only issue is, it saves it as an image and you cannot edit an .mdi doc :o

    Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???



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  • dvvb
    03-01 02:59 PM
    Hi Sathishav, Thanks for the response.

    Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.

    to summarize,

    Co. A's GC filed as future employee.
    Joined Co. C on EAD.
    Now Co. A is out of buisiness.
    Does AC21 portability applies ?

    Thanks
    -DvvB

    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.





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  • sunny26
    11-16 08:20 AM
    Hi Raj
    If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.

    Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.


    quizzer

    What is raised SR means?

    Mine also filed in DEC'2006; but no news yet.

    Thanks
    RT



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  • chintu25
    09-15 12:38 PM
    I am in

    :rolleyes: Its about time





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  • tabletpc
    03-17 12:06 PM
    I was informed that without I-94 card she cannot be added to my insrurance.

    Can anyone suggest me some good insurance I can take online/india for this kind of situation...???

    Thanks



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  • cbadari99
    05-12 05:51 PM
    Though a little off-topic, this is an interesting read

    http://www.telegraphindia.com/1090513/jsp/frontpage/story_10956610.jsp





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  • pappu
    11-30 01:34 PM
    eb3India, thanks for joining the chapter thread. Unfortunately others have not signed up yet. I will be in Indianapolis next weekend and if we have some more chapter members and you all want to organize a small meeting , I can join you.



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  • gcdreamer05
    08-18 10:03 AM
    hi tx1 thanks for your reply.

    But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)

    This is why it caused confusion for me. (even after reading 485 instructions)


    Also i read IV forums and saw attorneys recommend filing to the 485 pending center.

    So that is why i posted this question to the attorneys.





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  • starving_dog
    07-13 01:37 PM
    Your bank statement should back-up the deposit values for the five different pay periods. The pay-stubs will fly because the pay period encompasses the time span required.



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  • gcformeornot
    09-27 08:58 AM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you
    right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.

    My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.





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  • lavanyamohan
    03-18 12:50 AM
    thanks everyone for their suggestions.I know the clock is ticking and I am gonna decide today itself. I have all documents prepared from last year and I missed the quota.


    Did any one used http://www.usavisanow.com/ for their H1B filing.



    I am waiting for some reference from any of senior membere here who have used their service

    Thanks





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  • anci
    11-14 01:33 PM
    Dear All ,
    I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
    1.Am I still on H1 status or the status now becomes EAD ?
    2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
    3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
    4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).

    Thank you very much in advance.

    Anci.





    Alabaman
    10-11 01:05 AM
    Does it mean that if you get a receipt number in the case of an H1 transfer your case would definitely be approved?? i.e. Receipt number = Transfer approval?? :confused: Anybody familiar with the transfer process should please enlighten.

    It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

    He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

    So to be on the most safe side, wait until you get the receipt number.
    But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.





    h1-b forever
    05-11 10:48 AM
    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.

    This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?



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