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  • dixie
    08-21 09:58 PM
    The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.

    But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.

    I do agree however, that the BECs should have been cleared prior to starting the PERM system.




    All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?

    So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.

    Hope u got the point...





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  • rajenk
    08-09 01:02 AM
    That's why I did a premium processing in June. I applied on June 15th in Premium and got it approved by 25th June, I got 3 years. That is correct, they approve H1B for 3 years based on the current Visa bulletin if you are extending Visa beyond 6 years.

    But you can apply for 3 years when you are left with 6 months of currently approved Visa. Hope this clarifies your doubt.

    -Raj





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  • singhsa3
    07-16 05:47 AM
    I think it is a mistake to assume that EB2 category can be determined by wage levels
    Mine is Wage level -II but I have a masters from the US. It all depends on the job requirement.
    Also, I know a person who is wage level-III but is EB3.

    Further explanation can be found at http://www.flcdatacenter.com/skill.aspx





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  • sounakc
    07-29 01:39 PM
    ^^^^^



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  • eilsoe
    10-22 04:24 PM
    *wrooommm!!*

    :P:P:P:P:P

    *post*post*post*post*post*post*post*post*post*post *

    Huh? Who goes there?





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  • qualified_trash
    05-17 01:53 PM
    You may try www.shahandkishore.com

    My employer uses them and I have had an excellent relationship with them.



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  • she81
    05-15 06:34 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?





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  • StuckInTheMuck
    07-11 11:59 AM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.



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  • vts31
    10-20 02:53 AM
    about painter.

    1. version 5 sux.

    2. ive never used 7. but i think its pretty good.

    i use 6.





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  • zCool
    12-21 09:49 AM
    There are some companies that enter into agreements with ppl like that. Of course it is not legal and of course it's exploitative and predatory.. but depends what was decided.. If his employer offered with 100K on paper but talked abt this type of arrangement verbally (assuming he got sub labor at the same time ) it might make sense.. in any other case.. he's getting ripped off and better that he sues the employer.. merely credible threat of lawsuit should make the company pay..



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  • satyasaich
    09-05 11:48 AM
    For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
    Well, there is a slightly increased chance in case of Dems control the houses

    I would like to discuss two issues

    1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

    2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

    It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?





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  • gimme Green!!
    07-31 02:06 PM
    My understanding is once you use the EAD, your H4 & H1 status is no longer valid and you cannot have the H visas for backup. Hence the need to get AP, etc, rathgere than reenter on H visa. Check with an attorney.

    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?



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  • dealsnet
    03-28 10:39 AM
    Doesn't matter.

    what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.





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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?



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  • zoozee
    07-30 02:16 PM
    Well said by andy garcia "Lawyer's Mercy", this journey to GC is filled with all kinda mercy from....





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  • wrldnw4me
    05-26 11:32 AM
    Thanks for the great work by the IV Core Team, QGA and all Senators and their staff.

    Thanks once again



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  • smmakani
    07-09 11:04 AM
    CP Filed at Mumbai Embassy - India
    PD: Oct 2003


    I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.





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  • Dhundhun
    11-21 04:12 PM
    #1. Usually duration, designation and salary to be provided by company.

    #2. The role or work related description can be provided by co-worker.

    If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).





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  • chanukya
    05-17 10:35 PM
    I think, if you are US Masters/above plus if you are a member of profession, then you are the luckiest person on earth...

    1) Need not File LC
    2)U R not counted against the Quota

    A hypothetical case where it may not work

    But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.

    In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.

    So for those kind of mismatches it will be really difficult to justify releif under this clause.





    h1techSlave
    04-22 02:23 PM
    Each RFE will result in lawyer fees, medical exams, etc. to the tune of $2000.

    Even if they issue 100, 000 RFEs, the resultant increase in GDP = 100K * 2000 = $200 million.





    meher
    12-24 11:48 AM
    Thank you Swamy and Reachinus.

    Reachinus

    That is definetly helpful.

    What is substitue w2. Please send me any link that can give me more details.

    Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?



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