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  • karthiknv143
    07-16 01:49 PM
    r there any updates to anything ? :eek:




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  • radhay
    05-15 12:13 PM
    I think there can be only one AOS pending however you should be able to replace underlying 140 with another. Not sure how to go about.
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.




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  • boreal
    09-23 12:07 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)




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  • Suva
    08-14 11:14 AM
    Why are you taking all the H1s into the calculation? This only applies to companies which has more than 50% H1 employees. So it does not apply to all the companies.

    I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.

    # of possible H1Bs = 85k (65k + 20k)
    Fees (additional) = $2000
    Total Fees = $170 million ($2k x 85k)

    The fee increase is for 4 years = (2010-2014)

    GRAND Total = $680 million ($170 million x 4)



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  • avi101
    04-12 04:41 PM
    I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.

    An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.

    Source:
    http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

    From above Source:
    ---------------------
    DATES: Interested persons are invited to submit written comments on the
    proposed rule on or before April 14, 2006.

    ADDRESSES: You may submit comments, identified by Regulatory
    Information Number (RIN) 1205-AB42, by any of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov.

    Follow the Web site instructions for submitting comments.
    E-mail: Comments may be submitted by e-mail to
    fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
    the message.




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  • gparr
    May 23rd, 2005, 07:27 PM
    Thanks to everyone for the feedback. All of it is very helpful and the kind of comments I hope to get for critiques.
    Queen, Chris: Interesting that the white rock bothered you. It didn't me until I cloned it out. It was very distracting.
    Bob: In #1 I focused on the dwarf Joshua tree in the foreground so everything beyond that should be in focus. I think the image suffers from compression and that's why the plantlife looks out of focus in the mid-ground. According to the lens, at f/10 everything beyond 3ft. should be in focus. I can see all of the individual branches in the full-sized image.
    Nik: Not sure I understand what you mean about the polarizer. Didn't know I had that kind of control over the polarized light. Can you educate me?
    Don, Josh, and rr3: My plan in #2 was to make the eye start at the yucca in the bottom right and flow through the image to the back left of the scene. In retrospect Don, you're right. It's too cramped. I only wish it was a crop, but it's full frame so I'm stuck with it. Josh, good point about something to balance the image. Not sure I could have done anything about it but I'll watch for a balancing element next time.
    Queen: I included the path in #2 for that very reason. To get to the base of the rocks would have taken much more hiking time than I had. The next time I go to Vegas, I hope to have time to hike one of those trails and experience the rocks up close. The third image is not a crop. It's a different image shot with my 105mm macro. Wanted to show the color changes in the different rock levels. It is a portion of the second shot.
    Brad: You're right. The timeframe at sunrise and sunset for excellent light is very short. Once that point is past, the light quickly becomes very harsh and seems to start bouncing all over the place. I have minimal experience shooting in such wide open spaces and with massive rock surfaces and found it very challenging both times I was there. The polarizer helped a lot this time, but much of doing these landscapes well seems to be knowing the area and timing and positioning.
    Queen: I'd hire you in a heartbeat, but don't want you to have the misconception that business travel is pleasant. Getting to do a little shooting on the side is a small payback.
    Gary



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  • hopeful08
    02-26 12:16 PM
    If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.

    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..




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  • tonyHK12
    02-03 07:52 PM
    Congratulations



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  • arjun007
    02-01 04:39 PM
    I got a Multiple Entry Stamp.. ( last week of jan 2008)

    The consulate officer who interviewed me did mention that they will try to get the passport back to me next day by 3 pm but there are chances that it might take a few days...

    The next day I went to pick up my passport at 3 and it was not ready..The security guy said -> "because of the new system, the stamping is taking a while. But most of the guys have got it the next day by 5 pm.. the worst case was an H1 candidate who had to comeback after 2 days for his passport...But that was the only blip ..."

    I would suggest booking ur tickets as if you were to get the passport the next day, but also buy the 52$ insurance (if you buy it on Orbitz) so that you can easily cancel and re-book it...

    Also I read in several posts about who could go to halifax for stamping. Its true that only revalidation candidates should schedule but
    It does not matter what employer name is printed on your existing expired VISA . You just need an existing H1 approval ( stamped) which is being extended. In my case I had only an expired stamp from my first company but I had transferred the H1 Visa to 2 employers since then without their stamp.
    So this stamping was for my 3rd employer.




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  • InTheMoment
    12-04 05:04 PM
    NYCGal,

    I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.

    My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.

    Time taken by BEC to correct the error in your case would help me a lot.

    thanks:)



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  • cox
    November 2nd, 2005, 12:31 AM
    Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't...

    Yeah, but I respect the opinions of the web-browsing advisor more... :)

    Need some urgent help [Archive] - Immigration Voice

    View Full Version : Need some urgent help





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  • Sath thesmilingstar
    02-25 08:10 PM
    I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..

    so does this mean that i cannot apply with my is i-140 pending..??



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  • Juan28210
    11-03 05:16 PM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?




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  • rajuseattle
    07-01 01:47 AM
    I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.

    According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.

    In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.

    Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.



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  • sankap
    08-13 10:39 AM
    Can you share how you can check your status online after you've filed I-485? Who would send you the URL --your immi lawyer or the USCIS? Also, my lawyers filed said they filed my 485, AP, EAD the same day. Is that possible?




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  • lazycis
    05-07 03:08 PM
    since leaving the employer was not my intent but the employer`s decision

    It gives you more protection in some cases (i.e. I-485 is pending less than 180 days). Overall, you should worry about finding new job more than this portability stuff. Whatever regulations they come up with will not have retroactive effect, AFAIK.



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  • simple1
    05-18 05:00 AM
    this guy is a fake. busted.

    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam




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  • paskal
    12-21 11:12 AM
    hope to have the calls set up soon
    details will be posted here
    will try to pm all responders too
    plesae do check this thread in the coming days
    please also continue to post here if you are interested in joining in

    Thanks!




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  • nayekal
    08-18 05:12 PM
    Guys,
    I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

    So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
    She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.




    kumarh1b
    01-28 05:16 PM
    Can some please advice me how to proceed further Please find the denial notice for your reference. All your inputs means a lot to me. Please help me and guide in proper direction.


    on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.

    However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.

    The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.

    As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.

    Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.

    Consequently, the petiton is hereby denied.




    gc_on_demand
    04-06 10:34 AM
    Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
    The whole thing is written as if June 2007 happened by mistake, I dont buy that.

    If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.

    But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.

    Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.



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