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  • satya1234
    03-27 05:35 PM
    Thanks for the reply.
    Looks like i would have mis communicated. I am sorry for that.

    I94 rejected which is applied by my New Employer NOT the one which is applied by current employer (applied for extension) . So whatt i was told is "I can stay and work with my old employer for 240 days " . So currently am working on my current employer extension .

    Still it is not legal to stay here..??





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  • AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





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  • rkgc
    08-20 02:02 PM
    Hi All,
    If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.

    RK





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  • validIV
    06-18 05:58 PM
    Why are u telling us to support CIR only after seeing something for EB non-ROW? I am non-ROW and I find your post selfish and pathetic. CIR helps everyone in EB and FB, ROW or otherwise.

    Recently multiple threads have been created in IV forum about
    * Illegal�s (now conveniently called undocumented immigrants) * their anchor babies * and CIR.

    We should not support Illegal�s and their agenda.

    Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
    We need to oppose CIR till we see such a provision.



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  • waitnwatch
    05-17 11:39 PM
    The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?

    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.





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  • dilbert_cal
    05-02 07:54 PM
    You have Enough time - I'd say a little more than enough time to think judiciously before you jump ship. Find a good employer -someone with whom you can stick around for a couple of years - and then make your move.

    No need to be desperate and catch the first job opportunity which comes your way. PERM should take 4-6 months overall and one month for 140. You have 7 more months - now this is completely your personal choice - depending on how much of a risk taker are you - you can look for a good opportunity for say 2 months and then switch or loop another 4 months or maybe switch tomorrow. Thats a part you get to decide and enjoy.



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  • lazycis
    12-21 01:31 PM
    Here is a shortened version:

    1151
    d) Worldwide level of employment-based immigrants
    (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
    (A) 140,000, plus
    (B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)

    1153
    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (EB-1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
    (EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (EB-3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (4) Certain special immigrants
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
    (5) Employment creation
    (A) In general
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—

    i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
    If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.





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  • ghost
    02-07 10:28 AM
    they are talking about statistics on legal immigration backlogs and suggesting that they be cleared....aligned with IV goals



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  • bsbawa10
    08-15 12:11 PM
    USCIS does not seem to be corrupt. It seems to be running by proxy with no accountability, no follow ups on what they do, and they always make excuses to show that they follow rules ...(which are breakable).





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  • vani
    08-26 02:49 AM
    Hi,
    I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?

    Greatly appreciate your reponse.

    Rgds,
    Vani



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  • lostinbeta
    10-20 10:09 PM
    I don't have THAT many posts :P





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  • franklin
    07-20 08:43 PM
    To my knowledge, neither paystubs, W2s nor tax returns are required for filing.

    However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?

    To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"



    The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.



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  • letstalklc
    09-04 03:28 PM
    Dear Friends, My sincerest hopes and prayers that EB2-I dates advance my PD is Jul 2007 and we narrowly missed the Jul 07 windfall. I hope our wait for EAD & AP ends this year!

    My mind says its difficult, heart says pray for it, maybe our wishes and prayers are granted in the Oct VB. Good luck to all :)

    Same here my friend, I also missed narrowly....Hoping next bulletin EB2 india will be around 2007 end....

    lets pray for and hope for the best...





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  • gc_in_30_yrs
    10-03 11:52 AM
    That is why you ALWAYS should keep a copy of ANY I-94 you are issued, whether at the border, the airport, or as part of your I-129 approval.

    This also serves the purpose of proving that you maintained legal status throughout your adjustment period, AND should you need to cliam back time against your H1-B 6-year clock, you have concrete proof of every entry (and USCIS can match this against their proof of your departures).

    This is not rocket science, people.

    Ofcourse, this is not rocket science. But we need to take a copy of all I-94's we received is new to most of us. I recently came to know that I need to have all of these copied before surrendering before leaving the country.



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  • schandra
    12-01 05:44 PM
    Thanks Better_Days for the reply.
    It is response like these that give us some hope to this never ending quest.

    It is good to know that you can file a New PERM and a second I-140.
    But do you know whether we can file a New I-140 on the basis of the original labor instead of filing a New Perm? I ask this bcoz in cases like mine where i have already exhausted 6yrs, would be difficult to file a PERM now.
    I see in some other thread, they did file a new I-140 and they were requested to first withdraw the Appeal, but in that case, do we know whether the new I-140 was approved first before we withdraw?





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  • Alabaman
    05-21 08:11 AM
    they did all these on the road? Laptop? Phones? Throw more light



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  • kaisersose
    04-21 04:47 PM
    Wow!

    Texas does not give a damn about any of this.

    Just saw my SSN card, old DL and EAD and gave me a license which expires in 2014.





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  • kondur_007
    07-30 07:32 PM
    I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.

    Some one has told me that I can use consular processing but have no idea about that.

    Please help me and let me know what are possible options for me to return to US.

    I am sorry for what happened to you my friend.
    This is what I would suggest:

    1. Contact your attorney in US and consider options.
    2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
    3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.

    Good Luck.

    (PS: Just like it says in above post, you can not apply 485 while outside US)





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  • ssnd03
    08-16 08:15 AM
    Hi -

    Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

    I mean, do these guys know what an AP is?

    Is it better to get the H1B stamping done?

    I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

    I think sometimes Indian immigration officers and even airline staff get confused with AP. Even in Germany the guy checking the passports was looking at AP funny.

    But on average I think they know what it is. I have traveled to India through Germany and I made it back with some anxious moments when they all looked confused at AP.

    You may need a transit visa through Europe if you don't have a US visa except AP. I didn't have it though and I was ok. But I had an emergency trip so no time to get these visas.





    piyu7444
    07-03 01:27 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks





    smuggymba
    10-20 05:49 PM
    you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.

    Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

    When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

    Thank you,



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