Friday, June 24, 2011

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  • kaisersose
    07-02 03:26 PM

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    You cannot sue them for any of the above.

    1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

    2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

    3) See (2)

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  • Jerrome
    10-19 10:53 AM
    I am just waiting for the processing date of NSC to move one day further for 140 processing(Mine is Feb7 submitted). The moment in moves by a day i will call and let you guys know the outcome.

    Thanks a lot for your advice.

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  • ashwaghoshk
    08-26 09:01 AM
    No. You can apply for H4 to H1 from any company. The new company from whom you have the job offer can apply for COS from H4 to H1.
    See, its like this - H1 belongs to company but once you change it to H4 then the H4 does not belong to any company. Once you have offer from new company then the new company can apply for COS without any issues.

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  • vallabhu
    08-08 10:37 AM
    Did any one get an RFE to prove educational qualifications for EB3.


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    02-07 10:56 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?

    Make the Job Description sound more generic and remove the CIS terminology as much as possible.

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  • stuckin140
    01-31 09:27 AM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.


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  • northedman
    02-21 01:23 AM
    Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.

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  • manusingh
    12-23 05:28 PM
    nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    can you share your exp. about using AP than get H-1b extension and again using of AP. how did it go.



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  • questions
    06-06 02:02 AM
    Hi Bhatt,

    thank you! :)
    I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
    I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
    Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?

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  • regacct
    12-20 08:26 AM
    If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?


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  • immilaw
    12-14 11:28 AM
    Here is the satement of Senator Salzar on ICE Action and the Need for CIR

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  • gc_rip
    06-18 12:48 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!


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  • bidhanc
    04-19 02:47 PM

    I just got back from Mumbai.
    My Indian passport was issued here in the States.
    My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
    But I am a resident of Bhubaneswar.

    I opted for Mumbai as it was going to be my port of entry.
    Did not get any such warning or mail.
    So not much trouble as far as the stamping was concerned.

    Don't understand why they would try and compel you to move to your own district. This must be a recent thing.

    Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
    Sorry, don't know abt that.


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  • nixstor
    09-07 12:18 PM
    guys, the OP clearly mentioned that it was off topic but most of us doesnt agree with what he thinks is good for him. Lets not get into the nitty gritty of pretending or being american or what ever. The more you practice accent or try to put accent into your language the more artificial it will appear. Thats what I have seen and felt. Any way, lets stop feeding the thread as this is outrightly irrelevant.


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  • mhtanim
    08-08 05:39 PM
    This is odd! California Service Center has stopped processing EB I-485s long time ago.

    Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.

    I highly doubt if the IO (if that's what s/he was) really knows anything.

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  • chantu
    02-19 07:19 PM
    I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.

    Thanks vactorboy!


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  • small2006
    08-08 02:46 PM
    How did your GC process turn out? Any RFEs because of this?

    Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.

    Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.

    Sorry about the rant and thanks for hearing me out.

    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!

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  • BMS1
    09-25 01:36 PM
    My issue happened in 2005. I cannot recall the exact phrase but I determined that they lost the attached check. If you look at my old posts, you will find how my issue was resolved. The re-submission letter must be marked with "mail-room - do not open" and should be sent to service center director directly.

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  • BECsufferer
    02-11 07:42 PM
    Befitting reply to equally idiotic issue. Read on BBC about "chadiwallas" and this stupid protests against valetines day. Com'on.

    03-25 01:38 PM
    Yup, you are right - thanks for pointing this out.

    05-27 11:37 PM
    I also paper filed EAD on 05/13/2008, Cheques cashed very next day and also received receipt notice by mail on 05/16/2008. So far no FP notices. I also read somewhere in the forum saying no FP's when paper file.


    Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?


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