Thursday, 23 June 2011

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  • pd052009
    04-28 04:08 PM
    Please explain why not?

    I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?

    The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.




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  • H1Girl
    05-08 02:30 AM
    Hi,

    ...

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob

    Yes soft update on 05/04 (TSC). No status change or anything...




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  • desi3933
    08-28 03:40 PM
    internal for who do u work DOS/USCIS u jerk


    You must be *so proud* of yourself.




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  • yabadaba
    04-22 02:28 PM
    May-08 1-Jan-04
    i guess the question is where does it move next...we have been at april1 2004 before...will it move beyond 04 into 05 or not.



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  • pmamp
    07-13 09:41 AM
    Done.




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  • MunnaBhai
    03-14 03:06 PM
    I agree. Most of these companies openly misuse L1 visas. I have seen myself, how L1 guys from Infosys, TCS, and IBM India working at client sites.



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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.




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  • test101
    07-17 07:42 PM
    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?



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  • masti_Gai
    01-05 03:26 PM
    That was a great move from your side buddy. So many might join this forum by this weekend i guess.:)




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  • admin
    03-28 10:22 AM
    ragz4u,
    I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.

    By the way is there any differnce between 202a3 and 202a5?

    Ramba,

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.



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  • PBECVictim
    10-06 04:46 PM
    Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.

    My petition was approved 4 months back, after calling 100 times USCIS.

    In my wife's case we spoke with IO on Sept 4th.
    Created Service Request on 5th Sept.
    During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.

    During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .

    On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.

    October 2nd 2009 my wife's petition approved.

    So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.




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  • garybanz
    01-08 10:14 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    My contract with my desi consultant basically says

    "Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.

    In particular, I will not:

    (i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or

    (ii) Divert or attempt to divert business away from Employer;"



    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?



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  • eb3_nepa
    02-08 04:09 PM
    Guys complaining that the Indian Govt will not help us is nothing but a cry-baby thing. Ofcourse we get last preference! The Government in India will Obviously help the Indians in India first. I mean the country gave us our education and we turned our backs to it "so to speak". When the country was in trouble we escaped it, now that it is doing well, we expect it to solve our problems and crib that it is doing nothing for us? Let's not forget, we can STILL go back and lead great lives there, but we CHOOSE to be here.

    I am all for exploring different avenues to solve this crisis. But at the same time i request all the members on here to please refrain from India/Indian Government bashing. It is very easy to keep asking what the Indian government has done for its ppl. If you go to India today, u will see a Sea of change from as late as 2000. The economy is doing great and ppl are happier than ever. Maybe the Govt had a hand in it maybe it didnt, but pls do not publicly ridicule ur own country and its Government on public boards like this. I am sorry if i am stirring a controversy here, but that is not my aim.




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  • thomachan72
    11-11 12:58 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

    technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.



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  • casinoroyale
    03-31 02:02 PM
    Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.

    Here is a link taken from other thread from IV
    http://www.murthy.com/mb_pdf/030609_P.html




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  • abhay
    01-19 09:40 PM
    Hi All

    Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
    "On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

    My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+

    "Status of this service request is:

    The TSC has not received your response as of to date.

    XM271"

    I panicked and wrote an email to my lawyer and he said that
    They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."

    I am going to contact my employer and express my concerns and see what they can do.

    My questions are
    Does the online status never get updated sometimes?
    Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
    Any suggestion for me how to proceed with this?
    How do I get the online status changed?

    Thanks for all your help.

    Regards
    Abhay



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  • Earned_GC
    02-10 09:19 AM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.




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  • WillIBLucky
    06-20 08:37 AM
    You can take photo any where you want as long as you meet their photo specs.
    If you have AAA membership try it... You will get it for free.
    Can you detail how to get the photos taken from AAA?

    Where do you need to go for the pics taken?




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  • alex77
    09-26 01:22 AM
    If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

    http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993




    ragnarok
    07-19 08:05 PM
    Sorry, but I am very confused about this.

    My family is from S. Korea.
    My family is trying to obtain a green card.

    Case is Employment Based.

    Case Type: Application to adjust to permanent resident status

    "Adjustment as direct beneficiary of immigrant petition"


    I looked over the papers and the priority date on the sheets is blank.



    If you need more information, please ask me.


    Thank you.




    waitin_toolong
    08-14 06:11 AM
    It is not crystal clear wether you can extend H1 or not after using EAD but is clear that you cant be working on H1 for one employer and EAD for another.



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