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  • wahwah
    06-05 04:07 PM
    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.


    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.





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  • mbartosik
    04-08 03:24 PM
    OPT is just a bandaid that allows politicians to postpone addressing the real issues for a little while. If the real probably are not addressed in 2 years when the OPTs run out it will actually be worse.

    Of course anyone using OPT is just joining an even longer GC queue.





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  • NKR
    02-13 10:26 AM
    I was on 5th year

    Sorry Shana,

    I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.

    Thanks,





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  • jethro11
    04-20 02:55 PM
    bsnf and solaris27,
    Thanks for your prompt replies. It is good to get reliable first hand information from travelers instead of relying upon reports from consulates, airline websites etc which all contradict one another. Just out of curiosity, did anybody in India or Frankfurt ask to see the Advance Parole papers before allowing you to board the flight?



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  • EBX-Man
    04-29 01:07 PM
    This deal has nothing to do with retrogression and how CIS works. That will remain the same irrespective of whether India buys american planes or not





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  • Sheila Danzig
    02-03 02:01 PM
    This particular case http://www.murthy.com/news/n_combdg.html refers to a 3 year degree + a 1 year education degree where the first degree was required for admission into the education degree program. It is not the same as a 3+2, which, however, there is an unpublished AAO case to support its equivalency to a Masters degree.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!



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  • helloh1
    01-26 05:20 PM
    hey thanks for the replies....
    I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.

    I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?





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  • pmat
    07-02 04:18 PM
    Medical - $450 (self + spouse)
    Fedex - $75
    Photos - $65
    Other (Gas, photocopy, etc) - $50

    Total - $640

    :(



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  • plassey
    08-20 08:01 PM
    Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
    I-140 is his stuff .
    I-485 is ur stuff but in absence of I-140 it means nothing.

    Your only case is if he has violated any of the H1 provisions.





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  • nonimmi
    05-22 03:00 PM
    I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.



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  • jayZinDC
    06-05 04:25 PM
    In which case it could be a good thing, so unapproved I-140's, if deemed approvable will be approved on filing of AC21 portability. There are a few who have not filed for portability but moved on EAD, what is their case now? This things only gets from bad to worse. Anyone with inside info pls chime in.

    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.





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  • shana04
    02-12 03:39 PM
    I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.

    Good to hear atleast some one is onthe same boat



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  • nefrateedi
    08-23 08:57 AM
    [QUOTE=plassey;152466]He has just one option, get the laws changed. Not beating the dead man but folks should understand the importance of IV activities.
    Look at the state of affair of Tri State, thousands of people like these but only 25 so far signed up for DC rally. Not enough to fill even one bus WHAT A SHAME![QUOTE=plassey;152466]

    I don't think you get a sense of his problem, even though you claim you do...you are in fact beating a dead horse...I got your point regarding IV's efforts, and am not disputing that one bit, but at the same time when someone posts a valid concern/issue that they have, it doesn't hurt to have some empathy....I'm sure you wouldn't be too happy if you were in their place....





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  • chakdepatte
    08-05 02:38 PM
    NSC: July 2nd 2008

    Received Paper Receipts: July 08th 2008

    EAD Card Ordered Aug 05th 2008



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  • chanduv23
    03-11 04:34 PM
    "non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.

    If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.

    MSFT do not abuse h1b visa - they maintain their pay scales and follow all rules. When they say they want h1b visa quota available it basically means - they do not want to turn away a talented candidate because of lack of visa. All these companies are genuine in their usage. So they can definitely give a proper response.

    Now for a company like INFY. WIPRO, etc.. - h1b, l1b etc.. is a part of their business modal. They need some visa to bring people in and out as it is a big part of their business. If they really were serious - they must have presented their case and also work with US govt for a different kind of visa that allows them to do their business by convincing the govts about trade etc...

    Now comes the consulting companies. There are companies that genuinely bring people and rotate them at various clients for projects and people stick to them till green card. But due to sheer greed - some of these have abused the system - they have absolutely no sympathy for their acts of greed. The max they can do is threaten, usse small time lawyers, cancel pay, write letters to USCIS to cancel 140 etc... do you expect them to give a proper response to the Senators?





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  • masala dosa
    04-01 03:16 PM
    Isnt no one reading this post?
    only three Cos so far?
    Shrey, please send me the plan for presentation .
    Cheers mates



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  • eb2waiter
    05-22 03:26 PM
    with all due appreciation to the work done by IV, this suggesstion is not thought out.

    You just cannot run away from your past. For example your existing applications to USCIS will have your india/<country> passport nos. There are many ways they can trace you.

    So growing a moustache etc, or dressing like a mexican will not help.





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  • venkygct
    08-29 12:40 PM
    ^^^^





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  • njboy
    11-04 05:11 AM
    obama has to worry about 2012 re-election. The mandate of the public is clear. They don't like his leftist policies. Even when the economy is doing good, chance of CIR is bad, so god only knows if he will even attempt. Congress is going to be deadlocked for 2 more years. Which is not to say nothing is possible. If the house passes something, Dems still have the senate. Obama may not have enough clout amongst the Democrats who are centered and struggled to hold their seats. Harry Reid also got a big scare, but atleast there are enough hispanics in his constituency to make him think of working on CIR again.





    singhsa3
    01-04 01:33 PM
    Just to keep record straight, I don't know this guy. I just heard this story and shared with everyone. I hope he is not reading this thread otherwise I will have to take protection.
    this is a really funny thread :) no offense meant to "ur friend with 2 wives" I sympathise with him totally :) specially the comment about 2 mom-in-laws hahahah :):D





    arung
    08-25 12:42 PM
    I have received my EAD card today with 2 years , I verified case status online, it is still says pending, where as I did not received AP but , status say's Document mails on Aug 21st. Has anyone had same situation, is there any need to call to fix it. I have dropped a mail to my lawyer as well.



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