Sunday, June 12, 2011

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  • venkat80
    08-28 02:23 PM
    Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.

    You are right I remember that he posted that he got his GC recently.





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  • gc_kaavaali
    11-21 10:01 PM
    Happy Thanksgiving to all IV members.





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  • deepakbh
    05-05 10:19 PM
    Friends,

    This is my first post.Any inputs would be highly appreciated.

    My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
    off from my company on March 13 2009.My company lawyer told me that
    they wont send anything about my GC application but they will have to
    send notification revoking my H1B to USCIS as per the law. I guess
    this could have triggered my RFE. I applied for EAD immediately as an
    AOS applicant and got it on march 31 2009 ( for 2 years)

    I recently got an RFE asking me to re-submit G-325A ,Current
    Employment verification letter and proof of employment after march 13
    2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
    my suspicion about revoked H1B triggering RFE). Right now I don't
    have a job and it doesn't look like i will get any before may 31st
    2009 (the deadline for answering the RFE). What are my options?Here is
    what I read and thought

    Option 1:I have an EVL from my last company dated march 2 2009.Can I
    send that ?In my G-325A I would though need to mention the exact dates
    with no present employment.Can it lead to automatic denial and make me
    illegal? Should this be an option? My assumption here is that the RFE
    is just to complete the documentation and that the case will be
    adjudicated when my date becomes current.Before that I should be able
    to get a job and send the paperwork.

    Option 2:I also read on Internet that I can send a future intent of
    employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
    possible language of that be? This can give me time till my date
    becomes current (which should be good enough to find a new job) .

    Option 3:I talked to a consultant and he is ready to give me a EVL .
    For this he would need to put me on his payroll ( obviously at a big
    cost) .He said that i would have to be on his payroll for atleast 3
    months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

    I really don't know anything beyond this. I would really appreciate
    your opinions on the feasibility of these options or any other ones
    that might exist. Right now I am lost and dont know what works best
    for me.

    To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

    Thanks and really appreciate any input.





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  • nat23
    03-09 02:06 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.

    Please advise. Much appreciated - thanks

    Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.



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  • rb_248
    09-05 03:37 PM
    No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.

    That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.





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  • chnaveen
    03-22 09:22 PM
    My deepest condolenses and sympathies to thier families. May their souls rest in peace.



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  • lskreddy
    08-14 04:44 PM
    Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.

    It does need planning. I am hoping I could find some opportunities here before I decide to take the 'search in India by being there' route, thus my post to ask folks if they know of any such positions.





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  • gtg506p
    03-09 11:25 AM
    Great. Can you give more details like:
    1. What was your complaint basis?
    2. Did you do DOL or lawsuit?
    3. How long it took?
    4. Did you get trouble from the desi emplyer?
    Thanks



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  • tonyHK12
    11-25 12:10 PM
    Why should he?

    What are you going to give him in return/what is he going to get by helping us?

    We need to first learn to help ourselves.


    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.





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  • victory123
    05-15 01:17 PM
    Hi Saigc,

    Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
    Cheers



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  • girishvar
    08-15 12:09 PM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.





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  • optimystic
    11-04 07:32 PM
    From 1998 - till date, How many times EB3 priority dates were made current

    Since nobody attempted to answer your question, let me give a try.

    The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.

    But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.



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  • imh1b
    11-25 12:04 PM
    Now Do u know who is this with Barack Obama...?

    Guys from Chicago should be able to tell for sure....

    Look here at the link

    Raja Krishnamoorthi - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Raja_Krishnamoorthi)

    What's the big deal?

    In Zee TV fair in USA, Indians get thier photos taken with film stars and TV serial stars.

    I have seen people getting photos with Amitabh Bachhan or Shahrukh khan.
    Does it make them a film star or even give them a break in films?





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  • vin13
    03-12 01:27 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

    Thanks,

    Sueing is a tough road.

    Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.

    The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.



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  • desi3933
    03-09 11:58 AM
    She is a derivative on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?

    Nothing is needed from employee.

    Employer needs to notify USCIS about termination.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • smuggymba
    05-31 07:25 PM
    I am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.

    Yes, they do. The timeline after which they file is 1 yr but clarify this after all ur 3 rounds are done with the HR. This is something u can discuss at the end after u have the offer letter in hand.



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  • eb3_nepa
    01-26 12:49 AM
    Pappu,

    DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.





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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.


    That depends on the lawyer, Filing fees are $300


    if i get denied, she will be denied too
    Yes

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.





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  • up_guy
    09-27 01:59 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.

    Thats not ture. PD can be ported at the time of I-140 filing





    SL%%
    08-17 09:17 PM
    I seriously don't know how many LUD's have passed on my portfolio but the latest is April 30, 2009. Called lawyer and asked them if there were any RFE's, second FP appointment and told me that there are none. I don't know if you read the article where USCIS is pre-adjudicating cases even if the PD is not current. As to what the article said, I think TSC & NSC have already almost used up every EB3 quota for the FY2010 where they needed to pre-adjudicate cases so they would know more or less accurately how big the backlog is. According to the article also, most cases that were pre-adjudicated were those who filed during the 2007 FIASCO they created so it would probably only mean one of the ff:

    - USCIS is playing safe
    - USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
    - USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).





    amundres
    01-13 03:54 AM
    I live in northern california and has written letters to congressman, first lady but not response.



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