coolngood4u80
01-26 12:59 PM
Guys Be proud that even Andhra is part of India and they are Indians too!!! Thanks for sharing this news ...just chillout we don't need to argue for everything
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shsk
07-17 01:02 AM
Thank you very much, I will be sending the document tomorrow:)
kartikiran
06-17 02:19 PM
^^^^^^^^^^^^^^
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NolaIndian32
09-22 10:30 AM
I completely empathize with you - see my case details in signature :-(
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
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theperm
05-07 03:21 PM
Thanks! :-)
aph0025
11-12 12:21 PM
From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.
That's a good point as well. I am planning to go in for premium processing on the safer side. But, if there is a query for pay stubs, they would require my previous employer's pay stubs right (the one from whom I am transferring my H1B visa to begin with)? I hope you are right, and my assumption is wrong. Looking at the responses, a lot is dependant on the immigration officer.
That's a good point as well. I am planning to go in for premium processing on the safer side. But, if there is a query for pay stubs, they would require my previous employer's pay stubs right (the one from whom I am transferring my H1B visa to begin with)? I hope you are right, and my assumption is wrong. Looking at the responses, a lot is dependant on the immigration officer.
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guygeek007
11-06 02:17 PM
Hang in there my friend. My 140 was first filed in Jan 2006 and was RFE'd for ability to pay. This 140 was withdrawn and was refiled by my company's sister concern in June 2006. We waited for a year and then in June 2007, applied for premium processing just before that was closed down. The check and request for premium were returned with the reason that the original labor app was not provided. Then we received an RFE for ability to pay yet once again in Sept 2007. This was addressed in a very detailed fashion by the HR & CPA working closely with my attorney. Finally on Oct 31st there was the approval notice. Thus, my advice to you would be stay put and patient and it'll all work out. Good Luck!
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
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gsc999
09-07 12:54 PM
I noticed that California has around 20 names. I know that around 35 to 40 ppl are flying from CA. I think that is would be a similar case with other states.
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
more...
vin13
09-30 08:03 AM
:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."
I have used AC21 to change jobs but I am still on H1....Now i am worried.
I have used AC21 to change jobs but I am still on H1....Now i am worried.
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gcformeornot
04-07 01:27 PM
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
more...
kumarh1b
01-28 05:16 PM
Can some please advice me how to proceed further Please find the denial notice for your reference. All your inputs means a lot to me. Please help me and guide in proper direction.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
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delax
07-16 01:51 PM
Whats new about this news? We have been hearing this since Thursday evening.
I hope it does not - but it may also happen that a solution is not reached and our only option then is a lawsuit. Think of it this way - the longer there is no news the more likelyhood there is a deadlock.
I hope it does not - but it may also happen that a solution is not reached and our only option then is a lawsuit. Think of it this way - the longer there is no news the more likelyhood there is a deadlock.
more...
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obelix
03-02 11:28 AM
Hi All,
I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.
I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.
I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.
My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.
Does anybody see any issue in the plan? What would you do if you are under similar situation?
I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.
Thanks,
I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.
I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.
I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.
My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.
Does anybody see any issue in the plan? What would you do if you are under similar situation?
I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.
Thanks,
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mallu
02-17 03:40 AM
There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
....
That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
...
So ?
....
That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
...
So ?
more...
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rajnag21
07-18 05:30 PM
Hi All,
My company has filed my 140 and 485 concurrently at TSC. Labor was from new hamshire. Is that ok ?
EB3 india Nov 2004
My company has filed my 140 and 485 concurrently at TSC. Labor was from new hamshire. Is that ok ?
EB3 india Nov 2004
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arundhati_datta
07-08 06:14 AM
Hello ASh027,
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
more...
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mugwump
12-07 02:57 PM
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
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new_phd
05-14 01:28 PM
Point taken.
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
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naresh515
09-24 05:52 PM
Below is one of the .....link that can scare any one who is planning on visiting mexico....
Given 221g administrative processing in Matamoros, Mexico - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3631066902)
I have changed my plan from getting h1b renewal stamping from matamoros to INDIA..
Given 221g administrative processing in Matamoros, Mexico - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3631066902)
I have changed my plan from getting h1b renewal stamping from matamoros to INDIA..
meridiani.planum
11-21 01:47 AM
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
- I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
- RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".
As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.
bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
- I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
- RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".
As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.
bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.
ibbu_arif
11-17 03:03 PM
Thanks for your replies.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
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