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  • pani_6
    07-03 06:24 PM
    So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..





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  • map_boiler
    08-11 03:28 PM
    Congrats bluez25!

    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.





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  • sgupta33
    08-29 11:54 AM
    Thank you to everyone who responded to my questions. Very helpful!





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  • NoEnd
    07-09 05:43 PM
    I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.

    I140 approval is more than 180 days. Please help guys

    Thanks
    NoEnd



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  • oaktree
    01-12 12:57 PM
    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...





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  • singhsa3
    09-15 04:45 PM
    We can have separate meeting for this but now the agenda is simply
    the action we need to take in the wake of random processing by USCIS.Please include this in the agenda

    http://immigrationvoice.org/forum/showthread.php?t=21519



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  • cygent
    11-26 08:15 PM
    Thanks Everyone,

    To the person who gave me red with the comment "post the valid reason." That was not necessary, you could have just sent me a message.

    Anyhow, the reason is that the company I trusted & toiled for past 8 years is down the tubes, after having faced years of lies, deceit & false promises. I know it's all my fault for being so trusting, so now I am trying to forget that pain & treatment & just progress moving forward.

    So from what I gather, I can apply for a H1-B now, but it will be only for 1 year? I want to do a "new" H1 instead of a "transfer", since the company finances are a BIG ZERO or -VE, so I have no paystubs to show. And then eventually I want to file new GC with this new company.





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  • murugesh.naidu@gmail.com
    09-02 11:35 AM
    One of my ex-colleagues got his GC approved out of turn last year itself. He was EB3 - PD November 2005. They approved it for him, his wife and his two kids! He is a big devotee of Sathya Sai Baba and I think he certainly got his blessings on this one..!



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  • YesWeWillGet
    09-11 01:40 PM
    gc_check and a_yaja - I really appreciate your feedback and thank you.

    I was thinking that I can get the F1 > Opt > H1 > File 485 thru EB2 Since my spouse's 485 is stuck in mud with priority dated 2003 EB3 category. So, I was wondering that can I have file my own 485 EB2 parallel to my spouse EB3. I would really appreciate if you could provide guidence or alternative approach. Once again, thank you for your thoughts.

    Thanks,





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  • fromnaija
    07-10 12:08 PM
    This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.

    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?



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  • satishku_2000
    05-04 02:22 PM
    I had a rfe on my 140. About a degree from Bombay University. After the reply within 48 hours my case was approved.


    Hey pete

    when did u file your case , is it EB2 or EB3 reg or prem? Mine was filed on sep 19th EB3 regular still waiting.

    I am concerned about RFE response time change USCIS is planning now ...





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  • hoolahoous
    08-27 06:15 PM
    i think there is a provision that if you are traveling for work every few months then you just need to provide your 'permanent' address not the 'temporary' address.



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  • chintu25
    08-07 09:27 AM
    Relax Bro ..That is the old one delete the thread if possible





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  • add78
    10-02 09:48 AM
    This is a little tricky.
    A person is in a valid H1-B status when
    1) He/She is a full time employee of the Sponsoring company AND
    2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
    Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
    #2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
    In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
    But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
    Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

    Hope This Helps.
    If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
    IV = I+We



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  • wandmaker
    12-05 11:27 PM
    In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
    again LUD I485 Card production ordered.
    same with my spouse also.

    Onething I noticed is that most people who are getting approvals, they all have completed their finger printing on or before Aug.





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  • mirage
    01-29 09:43 AM
    I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
    It seems we are in synch.
    Sep 04

    MTR approved in December 09.

    RFE for EVL on 23 rd Jan 23 rd.

    Replying this week.

    Let us see what is in store.



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  • durgakprasad
    02-15 11:20 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.





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  • subba
    02-27 06:57 AM
    Just an update from my front, for the info of anyone else in a similar boat.

    Consulate issued me a stamp to 4/30/2010.
    I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.



    Here is my situation:
    Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
    Have another 3 year extension approval ie., 5/1/2007-4/30/2010.

    Will be travelling to canada on Feb 22nd for visa stamping.

    Few qns:
    1) Will the consulate issue me a visa all they way to 4/30/2010?
    If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?

    2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.

    Anyone have any experience with a similar situation?
    Your help will be appreciated.





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  • solaris27
    03-06 08:14 AM
    Congratulations





    izolo
    06-04 10:29 AM
    thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
    Thanks again





    Nitu Singh
    06-12 10:33 PM
    Thanks for the prompt reply and need clarification on few more things....
    like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
    1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
    2) How it will effect the future GC process by new Co.?

    need your suggestion on these too:
    3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
    how things will work out to stay on H1 status?
    4) what I should discuss/need to clarify with new empl before making a move ?

    thanks!



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