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  • tikka
    05-31 11:09 PM
    we need 150 more faxes to reach 5,000

    can some of you please chip in??

    thank you

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  • summitpointe
    02-20 11:53 AM
    How can you use I-140 from Company A and 485 from Company B. I think you can't do it.

    But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.

    I would suggest you to consult an Attorney before taking any decision.

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  • ksrk
    07-07 06:14 PM
    Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?

    Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
    When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.

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  • furiouspride
    04-24 09:50 PM
    thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn
    Yeah, thought maybe your 'son' was worth a few keystrokes ;)


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  • doggy
    07-22 04:25 PM
    As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).

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  • mariusp
    07-14 12:29 PM
    Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.

    i don't know if its an EB 485, but even FB are very backloged.


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  • brb2
    04-15 10:13 PM
    The objective here is two prong. The bill allows for US STEM MS/PhDs to work 3 years on a special F1 visa (3 year OPT against current 1 year). They can then "Self-Petition" to adjust status to permanent residence. Now the non US STEM 3 year requirement is to ensure they don't get special preference over US qualified applicants. Additionally, the 3 year working in the US rule most importantly prevents anyone say in India applying for permanent residence based on 3 years work experience say in Bangalore. Thus, this would allow a person 3 years on H1B in STEM to adjust status. However this itself will have a cap for non US STEM due to limited H1B visas. Additionally there is a move to limit the foreign STEM graduates to be working in the field not just qualification as opposed to US graduates. So a STEM from say India would need to be working in the field for 3 years on H1B (or other non-immigrant visa) to be eligible to apply.

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  • Legal_In_A_Limbo
    01-14 05:10 PM
    Thats good to know that lots of people have done this.
    If someone can share their experience that will be great.

    It is the first contract between Company (B) and my husbands company (A). Above all my husband himself found this project.

    Above all, the contract between Company (B) and Company (A) does not mention the end client name, and the contract seems to be a general contract, basically saying that my husband is rendering services to Company (B).

    I will really appreciate all the help and guidance.


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  • jumanji4u
    01-27 02:02 PM
    Congrats!!!. Let your shining success prevail on us. :D

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  • hmehta
    08-08 01:49 PM
    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 jobs.....now 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!!!

    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.


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  • prem_goel
    07-22 03:56 PM
    IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.

    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?

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  • moonrah
    06-01 08:45 AM
    Be adviced, even though they are ready to file your GC in EB2, they frequently lay off people in which case they might not be able to file your GC on the commited day. Big companies go by book. Generally when company lays off, it can not file new labor within 180 days of the effectice lay off. Of course it depends on what kind of people they are laying off and if the title matches your position and what not. But this happened to me. I work for another big company (not oracle) and mine was delayed six months due to this reason. I do not want to scare you but just want to educate you. Think about all these scenarios before making any decision. Good Luck.


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  • pitha
    07-11 12:42 PM
    all non indian members who sort of complained about Indian coverage in flower campaig should stand up and talk with ndtv, here is your chance to say it is a diverse nations effort and not just indian effort. Either take this chance or please dont complain that this feels like an indian site.

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  • angelfire76
    04-01 03:29 PM
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.

    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.


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  • diptam
    08-20 09:22 PM
    Last months 3 days , this month 11days movement only for I-140 skilled !!

    Looks like NSC staffs are all busy opening July 2nd packets :D


    That's for NSC.

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  • auburn2009
    02-27 07:02 PM
    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.

    Thank you in advance.


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  • gandalf1234
    02-10 03:33 PM
    just updated my profile .

    so I should not worry about H1 right . I just want to amke sure they willl now not approve it . got GC after long time do not want to screwed due to this .

    was you in this situation too and got denied H1?

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  • pom
    05-08 10:02 AM
    One or two more days... :phil:

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  • purgan
    09-13 03:14 PM
    Oh God!

    Waiting for over 5 years for the damn green card and still no end in sight.
    No wonder there's a lot of pent up anger and frustration.:mad:

    Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!

    01-25 11:28 AM
    Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?

    How nuke bill is related to SKIL bill......

    Admin close this forum.

    09-04 02:03 AM
    Joe - I just tested out kWordpad (http://www.kirupa.com/forum/showthread.php?t=265975), and it actually works the way you want it to. You can hit the Bold button and begin typing, and all of the text appears in Bold. Is that not what you are seeing?