Thursday, June 23, 2011

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  • reddymjm
    04-17 03:48 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.





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  • qualified_trash
    07-10 11:31 AM
    she has to get a new H1 and will count against the cap so she has to wait. also time spent on h4 will count towards 6 year total.





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  • asterix
    02-23 09:50 AM
    50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.

    The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
    EB1 - 3K
    EB2 - 3.7k
    EB3 - 3.1K
    EB4 - 0.6K
    EB5 - 0.02K
    Total EB - 10.7K

    Schedule A - 6.7K

    Am I missing something?





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  • babloo_73
    06-30 02:33 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....



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  • pkv
    02-08 08:17 PM
    Thanks all of you for your responses.

    But I'm still not clear about one thing... which center I should file EAD application with?

    I'm in California, My I-140 was approved by Texas service center.
    I-485 was filed with Nebraska but transfered to texas service center.
    Now my I-485 is pending with Texas service center.

    Thanks again...





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  • acecupid
    08-19 09:38 PM
    If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...

    I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.



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  • anilsal
    03-17 12:54 PM
    (I am not an attorney)


    File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR. I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA? (http://bit.ly/dophyK)
    File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.

    I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.

    NOTE: It seems for EB1-OR, the applicant has be in tenure or tenure-track position if working for an University.





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  • logiclife
    04-08 12:23 AM
    like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.

    The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.



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  • keiryu
    08-20 04:07 PM
    When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.





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  • mheggade
    07-20 01:13 PM
    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!


    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!



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  • REQUIRE_GC
    10-16 12:32 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(

    I have Fp done on 13th OCT. LUD on CASE STATUS on OCT 15, OCT 16.
    I had two fingers matched. I dontknow if it is normal





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  • VA2008
    09-25 11:56 AM
    Great find! I printed and posted it my office.



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  • lostinbeta
    10-04 01:43 AM
    Oh, that is awesome=)

    Congratulations on a job well done:)





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  • trueguy
    08-11 12:19 AM
    Bump



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  • tnite
    06-27 11:22 AM
    Is this information true?

    My 140 is pending and I don't have the A#. Can I use that from my OPT card?


    yes. use the A# found on your OPT EAD





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  • kate123
    04-07 09:38 AM
    Kate, do you personally know the two cases? Just curious. Thanks!

    I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)



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  • good idea
    12-03 09:41 AM
    one of my friend is in same situation, he submitted docs approx 45 days back & he is expecting it may take another 1-2 months as consulate office might send all those documents to USA & cross check with H1 issue visa office.





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  • valatharv
    07-16 01:28 PM
    Thank you so much for support...

    It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
    I have heard that it helps.





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  • vinzak
    06-17 12:56 PM
    It is not illegal

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.




    So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?





    LostInGCProcess
    01-21 06:11 PM
    Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...
    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.

    Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.





    adibhatla
    07-21 02:49 PM
    Has the legal name of your company changed in the recent times. It happened in my case (used to work for a big 4 firm), the I-140 petition was filed with the name "123 extended business services LLC". Later the company lawyers applied another I-140 was filed with a name of "123 Consulting extended business services". Both my I-140's got approved within a gap of 3 months.