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  • wandmaker
    10-04 11:35 PM
    GOOD. IV will be free from some head ache.:)

    Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871





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  • krishnam70
    03-26 12:40 AM
    Roseball,
    This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
    Thanks in advance.

    Comes with a risk at POE. You could be stopped and its happening to H1's too.

    - cheers
    kris





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  • ishakapoor
    02-16 01:56 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?





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  • masouds
    08-27 02:40 PM
    What do you guys think about the movement in EB3 ROW cases starting from October 2008?

    Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?

    140000 is the total worker -> immigrant visa numbers.
    28.6% of which goes to EB3, which becomes 40040. That is for everyone: China, India and Rest of us.
    Subtract the 14% of that number (that is the dedicated number for people born in China and India), it will become 34435. That is your theoretical number and includes applicants' wives and children. Now, unused EB1 and EB2 will come down to be used by EB3, so the number may be lower or higher.

    Now there is something I do not understand: (from http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html, September visa bulletin,)

    D. VISA AVAILABILITY FOR OCTOBER

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


    ...

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
    Worldwide Family-sponsored preference limit: 226,000
    Worldwide Employment-based preference limit: 162,704

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.


    WTF?



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  • simple1
    10-02 07:59 PM
    stay out. Only insane will do that.

    It is illegal
    - to bear any expenses while processing h1b/gc.
    - to accept job that is not there.

    Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.

    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated





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  • hotscud21
    11-01 10:48 AM
    Thanks for the response.

    IF I port to self employment will things be any better?

    That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?

    Thanks



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  • techie.dude
    06-04 04:02 PM
    I got my 7th yr extension in just over 4 months... so you never know.. :rolleyes:





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  • sk.aggarwal
    05-23 11:09 AM
    Yes, but if I were you, I would definately check with my attorney.



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  • ssdtm
    03-22 01:02 AM
    My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)

    I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.

    ---- No risk in filing in EB2

    Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.

    ---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.

    Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.

    Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.


    ---- There is lack of clarity on this. I have read lawyer opinions on both sides.

    Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?

    Thanks

    ----





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  • nshantha
    08-14 03:42 PM
    I am also 7:55 NSC R williams too... no receipt yet



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  • cram
    03-08 11:44 PM
    What does this mean for EB-3 Philippines?





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  • SunnySurya
    08-04 09:35 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.



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  • VisaHelp
    07-26 09:27 AM
    Sure. It was an H1B transfer application. So, the RFE asked for pay stubs with company A. Also asked, if applicable, for company B's pay stubs. W2s for the whole time I was in H1 status. And my last six tax returns.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.





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  • richi121175
    01-20 04:44 PM
    Contributions is the need of the hour. Please help in contributions from other members. Thanks.

    Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!



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  • HereIComeGC
    04-11 12:26 PM
    dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)


    Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.





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  • sw33t
    01-18 12:40 AM
    From San Antonio. Count me in.



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  • jlt007us
    09-14 02:42 PM
    jlt007us,

    Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.


    Soni-

    Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.





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  • logiclife
    03-22 04:34 PM
    Loss of country soft cap quota is intended and not an error. The hard cap ensures that the newly created EB 5 applicants get all the usused visas and to keep EB 5 well-supplied, the numbers are being drained from EB 1, 2 and 3.

    All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.

    Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.

    The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.





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  • vinnysuru
    03-30 12:26 AM
    You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.

    If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.





    sapota
    10-18 06:04 PM
    For them

    immigration = "amnesty"

    :D

    Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.





    Raju
    04-07 05:06 PM
    Is H1/H4 renewal in Mexico also existing instead of homecountry?

    But double check with your lawyer...But it might require a US degree(easy to verify for the consulate staff)



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