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  • TomPlate
    01-09 04:04 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))
    It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.

    All EB priority dates are current.





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  • GC_1000Watt
    12-09 05:14 PM
    I have applied for my first H1B extension in the month of July. Receievd an RFE on Client and current work location and was replied in the month of november.
    on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
    My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

    Am I an illegal resident now?


    Until when can I stay in the us?


    Should my employer appeal the case and by when should he do that, is there premium processing for this?


    How long does the appeal process take ?


    Can I work while the case is appealed?


    How many days can I stay in us after the case is appealed?


    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?


    What are the chances of approvals in Premium processing in Current Market?


    Can I start working once the receipt for the new h1b petition comes in?


    If not, can I work once the h1 is approved or should I go to India and reenter to start working?

    Can i transfer my approved I140 to a new employer ?

    I will really appreciate your feedback on this.

    Thanks in advance.





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  • WillIBLucky
    12-13 12:58 PM
    That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.

    Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.

    I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.

    My reasoning was simple:

    In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.

    Do what you feel is best for you and what you can make peace with. My 2 cents..





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  • like_watching_paint_dry
    09-07 09:59 AM
    I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).

    Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.

    I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?



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  • abhijitp
    03-06 08:15 PM
    Will scan and send on Monday.
    Thanks for taking the initiative! Go IV!





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  • wandmaker
    08-06 11:27 AM
    Case Details:
    EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
    Directly Filed at TSC, Checks cashed but did not receive physical receipt notice

    Sequence of Emails:
    08/06: CRIS Email, Notice mailed welcoming the new permanent resident
    08/07: Soft LUD
    08/09: Soft LUD
    08/11: Welcome Notice Received via USPS, Post marked 08/08
    08/13: CRIS Email, Card Mailed.
    08/14: Soft LUD
    08/14: Received Cards in the mail, envelope post marked 08/12

    To Whom may have COLTS:
    - Opened SR for receipt notice in Dec 07
    - Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
    - Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
    - Applied for EAD renewal in 6/08, Received card on 7/08
    - I-140 Soft LUD on 7/13/08
    - No other LUDs, Direct case status change on 8/6/08
    - Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.



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  • Sp�rL
    05-10 08:55 AM
    Yes i have Microsft Visual Studios C++ 2005 (i think its called that)
    but i dont have any of the help files :( lol

    but ill give looking at the coding of a precoded Win32 app a go.
    otherwise more hard work to find things out. :(

    peace out.





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  • hotammo
    08-04 08:15 AM
    Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.

    I am a July 2nd Filer, not only waiting but have had no LUDs on 485 after 2 FP's (one for last year's EAD and one for EAD renewal this year.)

    I do not know if name check is cleared.



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  • nousername
    09-04 12:39 PM
    Nice.. Now that's what I call as out of box thinking lol ;) not sure where you got the idea from but it was a fun light read. Have a good weekend.

    OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.

    Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.

    who votes for this russian roulette option? :D





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  • cool_desi_gc
    11-14 10:14 PM
    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.



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  • lecter
    January 5th, 2005, 07:54 AM
    dude, that's a cool one. Is that the original colour?
    It's certainly stark. I think a little less filling would make it more effective yet again..
    Cheers
    Rob





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  • greensignal
    12-31 11:04 AM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    You can use your h1b to work after returning to US on AP.



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  • adGurkha
    01-17 10:48 AM
    Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?





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  • skagitswimmer
    June 19th, 2005, 01:19 PM
    and here is a version with FM 3 and a touch of level and contrast adjustment.

    by the way - the avocet portrait is great.

    OT : Jet Airways Chennai to JFK via Brussels [Archive] - Immigration Voice

    View Full Version : OT : Jet Airways Chennai to JFK via Brussels




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  • stemcell
    02-11 11:55 AM
    MOE

    Please 'no more posts' and 'GOODBY' :D





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  • nandakumar
    01-18 07:50 PM
    ^^^^



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  • tharu
    06-29 12:32 PM
    Hi Ms Martin,
    Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.

    What if my visa pettion gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.





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  • supers789
    07-23 03:01 PM
    got following from another iv thread..
    btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.

    Thanks!
    -------------------
    <i>July 21, 2008

    Fragomen and DOL Agree to Return to Normal Processing
    For Newly Filed PERM Cases


    EXECUTIVE SUMMARY

    The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.


    After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.

    While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.

    Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."

    If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.

    Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>





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  • gc_dream07
    03-30 10:39 PM
    Enjoy the freedom.

    Good Luck with next endeavor (citizenship I guess!!:))





    realist
    11-19 08:28 AM
    I have a similar situation, I would like for my brother to come here on a visitor's visa. He is an engineer and is currently working in a University. It would greatly help if you could share your experience on how and if you were successful in getting the visa





    smisachu
    06-19 10:05 AM
    Hi Guys,
    My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
    His PD is Feb06, EB-3, ROW.

    Can he not travel on his H1 once the he files AOS?



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