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nixstor
09-20 05:37 PM
Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.

Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.

Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?

I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
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dpsg
03-06 08:46 PM
Buddy,
I know pessimism sometimes is hard on people who is giving everything to cause... But again concentrate on work we are doing. Ignore doom/gloom
from some members, because if you show them light at the end of tunnel,
many sitting on the fences will join... again suggest don't worry about it &
concentrate on goals/objectives.

good luck.
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anurakt
12-21 04:19 PM
I promise ... last bump of the day !! or may be not......:D
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reddymjm
08-10 09:53 AM
As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

My Approved H1 B petition does not have change of status i.e 1-94.

I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

My question is:

If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

Please suggest me the better approach.

My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

Regards

As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.

Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.

If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.

I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.

Need more PM me.

Good luck.
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manderson
10-29 02:03 PM
stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?

Please feel free to educate if I am out of line here.
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eers
07-17 11:03 PM
if u go to the doc, they will perform the the tests that are ok to perform..

Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

I went through same thing..

Will the case be accepted with this partial report-- It will be.

Will there be an RFE? -- i dont know.. may be
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punjabi77
10-08 12:13 AM
Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.

Someone please respond.
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pappu
12-20 01:43 PM
Instead i will donate the travel expenses to IV...........

Good Luck Every one
Thanks.
Pls contribute for the campaign we are running
http://immigrationvoice.org/forum/showthread.php?t=2630&page=16
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Hewa
07-31 04:51 PM
Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).

This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.

Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
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nepaliboy
05-22 09:55 AM
I saw your profile. You are from Nepal.

As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at




https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC















thanks but my RD is july 2nd 2007 taxes service center
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canmt
10-26 10:40 AM
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before your visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.

I hope this helps and good luck on your green card pursuit...
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jlt007us
09-14 12:08 PM
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer

Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009


EAD valid till October: 2010
AP Valid till Feb 2010

H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date

Case 3:
Pending EB2 labor since October 2008.

I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?

Any thoughts or suggestions will be appreciated.
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immigc06
08-14 02:13 PM
ok. Any other suggestions?.
I think you should go to lawyer and resolve this.
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gchetna
09-08 05:44 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
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veni001
06-22 02:44 PM
Make sure your LCA and H1B will be amended with the promotion first....

I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.

Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?

I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?

Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?

Thanks much for your time in helping clarify this.
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05-14 07:13 PM
www.dbdsqd.com - a very simple site for a soldier of fortune clan, the bevel style was used at the client's request. Utilizes php and text files for the shoutbox. Since this site isn't really "dynamic" (no admin section), it only cost the client $50 plus $20 for a year of hosting.
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ultimo
09-05 10:01 AM
i 485 u will get it soon
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aruny5
10-26 02:25 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
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onemorecame
11-15 01:43 PM
Hi Guru,

Can anybody Help me to know how to Process H1B for Teacher(from India)?

Or guide me how can one who is teacher with 4 year exp can get H1B/Job in US.

if you guys know any company which process new H1B for teacher from India then Please PM/respond this message.

Thanks for your help in advance.
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TexDBoy
09-10 11:44 AM
If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.

It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.

The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.

I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
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amitjoey
03-26 11:56 AM
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com

It is our time to seize the reigns and kick start some momentum

Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.
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