Saturday, June 18, 2011

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  • kumar1
    07-28 01:18 AM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.

    v





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  • manish1905
    10-06 04:02 PM
    Hi Manish,
    I hope everything goes well with you.
    Did the officials call you or come to see you in person?

    yes the official did came in person at my work without any notice.He even took mu picture at my desk.it was hell of a surprice.He even wanted talk with my Supervisor but he was on vacation that day.





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  • abhaykul
    05-04 02:05 PM
    Guys,

    1) For 7 th yr extension your LC and I 140 have to be approved if your LC
    is less than 365 days old at the end of 6 th year.
    2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.


    Abhay





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  • va_labor2002
    05-17 01:15 PM
    I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.

    We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?



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  • shikra1
    11-10 03:33 PM
    Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.

    FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)

    Again quoting from the monthly visa bulletin:

    "Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."





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  • nat23
    11-21 08:49 AM
    Email sent.....



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  • lazycis
    05-01 11:54 AM
    If old I-140 has not been revoked, you are entitled to the old PD.
    8 CFR 204.5
    (e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.





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  • gcseeker2002
    05-13 10:41 AM
    Does anyone have access to this article :
    http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
    It looks like favoring us ....



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  • bluez25
    07-15 04:00 PM
    And My details are below.

    Category EB2
    LC PD: FEB-2006
    LC AD: Mar-2006
    I-140 FD: 23-May-2006
    I-140 RD/ND: 25-May-2006
    I-140 LUD: 29-July-2006
    I-140 RFE : 15 November 2006
    I-140 Responded: 14 December 2006
    I-140 AD: 11 Jan 2007
    DS 230 Received in April 2007
    DS 230 Submitted to NVC in May 2007
    NVC forwarded the case to Chennai on June 5th 2007

    Chennai Consulate appointment : August 11th 2008





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  • dpp
    02-21 01:25 PM
    Dec 21, 2006

    For those that can see the Feb updates can you please post what date they are showing for:

    I-129 ( H1-B Speciality Occupation Extension of stay)

    Thanks



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  • siddar
    12-03 05:51 PM
    Candidate should be physically present in USA, on the date of AP approval. Otherwise, that AP is not valid. When the candidate try to enter US, the IO will verify this information and may permit accordingly.
    I-485 application considers abandoned, if a candidate leaves US without any valid Visa to re-enter. Remember, H1 / H4 cannot be stamped after I-485 approval.

    I'm a layman like you, please consult an attorney.





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  • hebron
    01-20 02:42 PM
    can name few who became "big" literally (--fat)

    LOL...Good one!



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  • kminkeller
    03-09 01:08 PM
    Hmm thats weird. So what is porting? Does it mean that you can port from EB2 to EB2 only? I was thinking since I have my approved labor and I140 on EB3 and now as I have gained more experience and my salary meets the criteria I should be able to port from EB2 to EB3. If this is not the case then it is messed up.

    BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.

    Anyone has any insight to this matter.

    Thanks.





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  • gee_see
    10-19 02:21 PM
    I found an interesting article on AC21 portability in cyrusmetha.com

    Here is the portion of the article appeared on May 27, 2005
    about PORTABILITY DURING ADJUSTMENT OF STATUS
    -----------
    Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
    ----------

    Experts please discuss....



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  • DareYouFireMe
    01-31 03:15 PM
    You can also obtain it through Freedom of Information

    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.





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  • saravanaraj.sathya
    08-22 03:02 PM
    We can do it in New York city for new york residents....Any thoughts?



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  • alg
    12-11 01:47 PM
    The first time, my husband and I were asked all kinds of questions by the secondary CIS officer at LAX, and was asked NOT to do our own copies of the original AP, that we are not supposed to do copies of official documents. He kept and use our copies anyway. The stamp in the AP extended it for a year after this entry.

    Two weeks later, upon arriving again at LAX, the secondary CIS officer did not ask any questions and did not make copies of the AP. We just got another stamp on the original one extending its validity again for one year from date of entry. It went pretty fast.





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  • arihant
    02-15 11:15 AM
    http://www.cnn.com/2006/EDUCATION/02/15/science.math.ap/index.html

    Here is an article that indicates that the push for better education in Math and Science is not shared by the public.

    The correlation I am making is, if they do not percieve there is a problem with existing Math and Science education as it applies to the current employment environment, why will there be any interest about the proposals in PACE?





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  • shan74
    01-12 05:57 PM
    bhanurpiya i sent u a pm. please let me know.

    thanks





    satyasaich
    01-31 12:51 PM
    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna

    I work for a good consulting company, completed 3 years in that company.
    Since it is a consulting company my pay is less unless i go full-time.
    I started thinking about going full-time with other companies and got offers from two companies.
    My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said



    Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

    I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)





    go_guy123
    07-26 02:52 PM
    No idea what to say, yes they have all rights but doesn't this never ends?

    Or Are these cases rare ?

    Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???

    Oh my god too much of reality.

    This the very reason why one should file for citizenship after 5 years of GC. GC is yet another type of visa which one can lose. De-naturalization process is harder and more cumbersome.