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  • srini1976
    07-09 01:34 PM
    Hope this turns into reality..:)





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  • desi3933
    03-19 05:49 PM
    Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.

    Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.

    You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.

    If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.

    Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.

    Read for yourself and get en-lighted.
    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
    [From the pdf link]
    ...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.

    When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?

    It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.

    I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear

    Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.


    ________________
    Not a legal advice.





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  • lazycis
    12-20 11:03 AM
    http://www.murthy.com/news/n_sercen.html

    Interfiling
    �MurthyDotCom
    The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.

    So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.





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  • eb3retro
    07-19 05:37 PM
    When is the last case for EB2 India approved?Just wanted to know the priority date of it.Mine is June 2006 EB2 when can i get my GC?Any guess?


    By 2020 ..

    PS : I am being very optimistic.



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  • vikramy
    01-08 10:48 AM
    I mean... this is nonsense. You are employing 50K+ people and you behave so irresponsibly. This guy should be hanged.

    But in India nothing happens, things go in court forever and government helps them once they get the money they want. I am sure this guy has diverted all that money internally to his son's companies or swiss bank.

    How can a IT company with so many projects and clients can not have cash in hand to pay the employees. So unbelievable.

    PWC is again showing their lack of integrity. It looks like for Fraud it does not depend whether it is Indian, MNC, big, small, government, private, reputation...It's just greed. Remember Enron, walstreet guy who scammed billions, Illinois governer, chinese milk products...

    still i can not believe how much more he want even after owning such a big company... Is he mad?





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  • andy garcia
    08-29 02:33 PM
    This is the list of Witnesses(Panelists):

    Panel I

    David Daniel, Ph.D. , President UT at Dallas
    Richardson, TX

    Bo Cooper
    Former General Counsel INS on behalf of Global Personnel Alliance
    Washington, DC

    Panel II

    Philip J. Ritter
    Senior VP and Manager of Public Affairs
    Texas Instruments, Inc., Dallas, TX

    Phyllis Norman, VP
    Patient Care Services
    Harris Methodist Ft. Worth Hospital
    Ft. Worth, TX

    Lance Kaplan
    Partner
    Fragomen, Del Rey, Bernsen, Loewy, LLP
    on behalf of the American Council on International Personnel
    Iselin, NJ

    We should contact anybody who works in these companies.



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  • kothari_rupesh
    08-14 10:22 AM
    What???? without checks cashed you got Receipt?
    Are you sure? Did you put your checks or attorney used his?

    They may have been deposited, but I havent seen it clear off of my account yet, or my bank may be slow, but I do have another friend who is in the same scenario, I am guessing it should clear off my account today though.





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  • newbie2020
    06-10 04:30 PM
    Albert pinto ko Ghussa kyun aata hain.. ;)

    just kidding..



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  • mishra123
    07-21 08:30 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.

    Dear cyclone_p
    What happend to your third EAD falling? My EAD is going to expire on 6th August 2010. Don't know what to do. Please reply ASAP.
    Third time e-file by Attorney. Paper send to Nebraska. So far no receipt.





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  • gjoe
    08-14 09:05 AM
    I have a total of 15+ yrs exp in the IT industry out of which 8 yrs in USA. I am also an EB3 :) BTW I have a 4 yr engg degree from a small college in india :p


    Count me in too
    I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.

    PD : EB3 SEPT 2002.



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  • waitnwatch
    05-06 01:02 PM
    Some states have the provision that instate tuition rates will only apply to permanent residents while others allow H1-B's to avail of instate tuition. I know for sure that Pennsylvania is in the permanent resident camp while Colorado allows instate to H1-B's. As mentioned previously it is the state legislature along with the commision on higher education which create the rules.

    It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.





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  • rxsimha
    03-17 04:09 PM
    In continuation to the below thread, I was asked to start a new thread

    http://immigrationvoice.org/forum/showthread.php?t=24403

    Below is my question, please find some time to respond

    I currently working on H1 for the last 5 years.
    I am a July 2007 I-485 filer and have my I-140 approved.

    From what I read from the above thread -

    1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?

    2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?

    Thoughts....



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  • mallu
    02-29 01:43 PM
    please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
    Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
    Please do not start fear mongering based on incomplete information.

    I hope you "heard" it from others too and i read those things from some immigration sites . Don't have exact link. And GOD save folks from USCIS when people say they have N number of days of grace period for H1B status .





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  • sc3
    11-24 07:13 PM
    Well hollow or shallow does it help you?

    hmhmh =------- NO!

    Stop questioning EB2 or EB3, they both represent EB community. Yes you maybe right about people thinking about EB2 faster thatn EB3,

    But have you followed the bulletin lately?

    And the ways things are going, do you really think EB 2 will clear fast and then EB3 will gain a faster movement?

    Golden Answer? NO

    Whether you like it or not, we need each other, the impact is always greater when the intensity applied to it is greater.


    You can keep thinking about how hollow you and I are, but the fact is we both need each other. Everyone see's us as EB community, not as EB2 or EB3,

    Most of those Morons don't even understand the difference between H1b and green cards,


    So get yourself to think EB community as a whole, not EB2 or EB3, or who benefits first?

    So, is that a yes on getting USCIS to follow the law? As I said, it is about getting USCIS to follow the law, it is not EB2/EB3 centric. Given that the demand for Eb3/EB2 that is going to see-saw, this should be an action item that will benefit EB on a whole, not a particular sub category.



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  • Law Loving Alien
    09-28 10:27 PM
    Dude,
    Nebraska is infact slower than Texas as far I-140/I485 goes. Checkout this link....http://www.murthy.com/news/n_nscexp.html

    It says NSC is slower because they have extra VSC cases to deal with but would improve significantly once they are done with VSC cases in future.

    My I-140/I-485 was filled in June 2006 too and its being processed in NSC. All we can do is wait and watch...





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  • Gravitation
    12-16 01:24 PM
    Probably a dumb question which was answered before in some other thread.. but just so that I understand better:

    Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
    If so, how has USCIS handed out these visas historically?

    It's a bit more complicated than that:

    Law comes from three sources:

    Comman Law: Laws inherited from the british justice system (evolved over centuries).

    Legislative Law: Laws passed by congress and signed by the Prez.

    Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.

    So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.

    Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.

    Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!



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  • msyedy
    12-14 02:22 PM
    For people thinking canada, or H1 b with children, what should I tell them.
    Go to canada no job, will not be able to keep familiy there. Don't tell me people are not able to find a job in US in this market.

    It is up to people to think of Canada or india. India is faaaaar better.
    More jobs, very well paying.. own house and family..

    I like that jonty more than 6 months..
    People have stayed years and not found a sensible job in canada.





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  • deafTunes123
    08-28 11:27 AM
    Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......

    We always get appointments with in less than 24 hrs in the local USCIS office(closest to Upstate New york). I don't think its a big deal here. I am not sure about other offices.

    Again based on the urgency, one can always decide whether to take info pass or not. Appointment time frame is always same for everyone. Unless its urgent(relative to personal needs), one can always take an appointment with USCIS.





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  • ganguteli
    02-05 10:20 PM
    UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.

    I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.

    uhh..damn immigration process..

    Maybe your company attorney is busy until April filing for H1B lottery and is busy. That maybe more profit for him. Maybe you should consider getting an attorney yourself to do the greencard process. Someone who can get started ASAP and look after your interests.





    nk2006
    03-16 04:34 PM
    Hi pd,
    thanks for the post - its useful.

    There is comment in the report about the EAD/AP validity for three years, as in "Employment authorization documents (EAD) are presently valid for one year at a time. The CIS is about to extend this validity to three years. The same is true of advance parole (AP) documents".

    I thought they are now giving two years for EAD (if PD is under retrogession) - this plan of extending this validity to three years - is it new or some sort of typo? If true - that would be good.





    alpha_centauri
    02-24 11:06 PM
    I agree with you all. Thank you helpful_leo for starting this thread. It is very important to suggest amendments to the language of PACE act so that the following groups are included:
    i) People who have already received a Ph.D. from an accredited US university.
    ii) People who will be graduating with a Ph.D. from an accredited US university after the passage of this bill.

    As helpful_leo pointed out in the 'PACE amendment suggestions' thread, we should suggest that the language in the bill be amended so that the proposed adjustment of status benefits will apply to any individual who can provide the following two pieces of evidence :
    i) Received a doctoral degree from an accredited US university and,
    ii) Has been subsequently employed in the US for at least one year.

    - Do you know when the PACE act will be up for discussion in the senate?
    - Does the current language suggest that doctoral students who qualify will be able to directly file I-485 without even the need for filing I-140?



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