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  • fromnaija
    11-17 03:53 PM
    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.

    Welcome to my world - EB3 ROW. You may file your I-140 now and wait until your priority date becomes current to file I-485. But EB3 ROW is currently retrogressed and unless a legislation is passed to bring relief, you may not be able to file I-485 until about 4 years from today.
    Believe me you are not alone. My employers filed in EB3 for me even though I have a Bachelor plus 20 years of IT experience.
    Another option is to find another employer and job that meets EB2 requirements. I am seriously considering that in my case.





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  • rockstart
    03-23 01:05 PM
    If you check the video clip of the news the reader mentions it almost at last.

    RIP .....

    The report does not say that they were not wearing seat belts.





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  • andycool
    04-21 01:50 PM
    Contributed a small amount for this cause....





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  • ksvreg
    09-25 02:18 PM
    April 2008?
    6months gone by and you are thinking of getting back/extension to h1b now?
    it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
    Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
    Just in case; see what your lawyer has to say.

    Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.



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  • skalra
    03-19 11:06 PM
    If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.

    I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.





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  • h1techSlave
    02-28 06:50 PM
    Bump

    did you intend to say Dumb? ;) ;)



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  • shana04
    02-01 10:42 AM
    Friends / Gurus,

    I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.

    I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.

    My situation:

    This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)

    Working for Employer A and he applied for labor, I 140 and he paid for it.
    Then July 2007 came in and applied for 485 with same attorney - I paid for it.

    Now comes AC21,
    changing to employer B using H1B transfer.

    My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)

    Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.

    Your suggestion:
    1. Stack back with old attorney
    2. Stack back with old attorney, unless I get any RFE (hope not)
    3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.

    Please give me your valuable opinion / suggestion. And select your option.

    Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.

    Thanking you in advance.





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  • gondalguru
    06-19 11:45 PM
    Please help me as I am in big confusion.

    I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.

    I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A

    Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.

    Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.

    Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.

    What should I do?

    Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.

    Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.

    As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.



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  • cygent
    07-02 03:00 PM
    Guys,

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!





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  • desperatlyinwaiting
    06-15 08:53 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.



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  • yorstruly
    07-19 02:37 PM
    WOW! I am amazed by the effectiveness of this forum. So many specific advice within minutes!!!! :) :)

    I am looking at all the websites...





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  • gnrajagopal
    08-19 02:16 AM
    Your concern seems valid.
    gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
    I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.

    Spoke to a friend of mine. He said he recieved his 140 approval but till this date the system shows that the case is pending. I will probably call uscis tomorrow.

    Does anybody know the easiest way to reach a customer service rep at NSC?



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  • immi_enthu
    08-10 04:47 PM
    Approval notice goes to Attorney a courtesy copy to Employer


    Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:





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  • hpandey
    06-16 11:20 AM
    Hi
    For most countries you can get your passport renewed by the embassy or consulate in US itself and quite quickly. For e.g in case of Indian embassy you get your new passport within a couple of weeks.

    So find out first if your husband's country lets them renew the passport within US and if yes then apply for it asap.



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  • srinivas72
    02-03 09:31 AM
    H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension..

    H1B Extension Information
    Regular Processing�
    My Extension filed 07/21/2009
    I94 Expired 09/29/2009
    Received RFE 09/xx/2009
    Answer RFE 10/27/2009 (Within time)
    Denied 01/13/2010
    Note: - I worked for same company from past 3 years.

    H1B Transfer Information
    I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail

    Premium Processing
    H1B Transfer receipt date 12/31/2009
    Got RFE, 01/08/2010
    RFE answer date 01/26/2010
    Waiting for decision�

    Now I am working with new employer.
    Please let me know, if need any information from my end. Maybe it will help others who are in my situation.

    Thanks
    Srinivas





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  • pa_arora
    03-11 12:27 PM
    I am sorry if this is a re-post.

    http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html


    ----
    They're Taking Their Brains and Going Home

    By Vivek Wadhwa
    Sunday, March 8, 2009; Page B02


    Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.

    Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.

    The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.



    But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.

    When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.

    When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.

    Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.

    Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.

    For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.

    Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?

    Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.

    wadhwa@duke.edu

    Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.



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  • abd
    08-09 02:24 PM
    You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years





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  • smuggymba
    03-15 11:21 AM
    Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?

    Now that we are feeling the pinch, we want to close this door for the other folks?

    Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??

    Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.

    Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).

    Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)





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  • whiteStallion
    11-18 09:31 PM
    I guess you already know but can't help to remind this :
    USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).

    So, NO, your mails will not be lost!

    Did you even read my first post?

    No one would like their documents delivered to a wrong address, sent back and lost in mail etc?





    franklin
    11-16 08:06 PM
    One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)

    Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.

    Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)





    kumar1
    01-15 10:02 AM
    Man, you definitely sound like a multinational manager and worthy of L1A visa. Please tell USCIS that your wife is waiting for her bonus money and she is not readily available to join you on L2, USCIS would mail her Green Card overseas. Under the circumstances, someone from Department of State would personally hand it over to your wife. Thank you your highness.


    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    ----
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?



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