суббота, 25 июня 2011 г.

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  • reddy77
    01-12 10:33 PM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...




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  • lghtslpr
    02-09 12:56 PM
    we can set up web fax with the same content.

    Please just do it! Then let people know here and there. I'll try to get the word out too.

    (This is a grass roots effort, so there is little top-down orchestration.)




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  • mayitbesoon
    02-04 12:44 PM
    My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.

    Contacted his HR. they say, they are waiting for reply from law firm.

    Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
    Thanks.




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  • ashutrip
    06-04 11:19 AM
    The one you are seeing is being replaced one section at a time..So I assume its incomplete.
    when is the voting on this bill?



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  • WeShallOvercome
    07-23 06:16 PM
    I dont think any July 2nd filer got receipt notices as of yet. Atleast I havent seen anyone in any of the forums.


    I know, I was asking because my employer will not give the receipt notices to employees after they come, and also haven't let us apply for EAD/AP.




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  • sanju_dba
    09-27 01:26 PM
    Dear Admin, can you please delete above post by eastindia!
    EastIndia : 94% of the voters know how to use it, and I hope you are one among them.



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  • prash20
    05-29 09:26 PM
    the reason for denial was regarding the Company B , they were saying that Company B doesnt qualify as a employer or agent so cannot employ me


    The transfer was from Company A h1 to Company B h1 not from university h1 to compnay B h1




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  • gcpool
    03-14 09:22 AM
    The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
    File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.

    I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case

    There is a difference in tranferring the priority date and requesting to use an earlier application
    First is when the second I-140 is going to be filed
    Second is when you already have two I-140 and is planning to apply the 485

    The first process is common and said to be proven. But the second is not very common.

    But I have come to conclusion that both of them work.

    Yes he can use earlier PD for EB2.
    He can file I485 in EB2 by requesting recapturing priority date from EB3.



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  • eilsoe
    10-21 01:16 AM
    I actually like it the way it is... :)




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  • p_kumar
    04-08 03:44 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006

    I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?.



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  • vandanaverdia
    09-10 01:42 PM
    Trying to keep this thread alive....




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  • rajmalhotra
    02-08 04:46 PM
    This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:

    "Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"

    From www.immigration-law.com
    ---------------------------------

    01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
    � Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
    � Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
    � However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.


    This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.

    http://immigrationvoice.org/forum/showthread.php?t=16188



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  • skagitswimmer
    May 21st, 2007, 01:15 PM
    Another option - which I would try after the air bulb but before I try any cleaning solution is a soft brush designed for the purpose. Some people swear by art brushes but I sprang for one of the electronic "spinner brushes" sold by Arctic Butterfly which makes a variety of sensor cleaning products all of which are expensive.




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  • karanp25
    07-30 01:47 PM
    If u r a dependent, then ur EAD case is much simpler than the primary's case, logocally speaking...

    Don't try to make too much logic out of USCIS. It's all random and they work as they please.

    I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?



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  • nav_kri
    02-23 08:16 PM
    I've always been able to negotiate pay details for a job offer without actually disclosing my current pay. I let the recruiter come up with a number based on the role and living area and then provide feedback based on whether I was expecting higher number or was ok to proceed with the offer.

    As others have mentioned the market is not good or even ok. Can you believe more than half million jobs were cut in just Jan 2009 alone?

    So please do consider the pros and cons. My company did announce layoff recently and someone I know dearly lost their job. I managed to survive this round but would have gladly taken a pay cut if it meant ppl wouldnt lose their job.




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  • singhsa3
    09-05 09:27 PM
    How about getting your face changed. That will probably be easier and faster than ask USCIS to fix it mistake. What a great organization!
    I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

    THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

    Everything else is Correct (address, DOB, A# etc...)

    GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20



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  • smitin_2000
    02-09 11:34 PM
    Hi,

    I have issue with I-94 as visa office at LA - LAX port of entry put a date in I-94 as same as in visa stamp in passport and not the date in the I-797 (extended H1B approval notice), I realised it 2months after the I-94 expiry, means while I was moved to Bay Area in CA, so I took infopass appointment from uscis.gov site for San Francisco office, went there and explained the matter to the visa officer, they corrected the error and issued me new I-94 with the date in I-797, you can also try the same, I think your issue will be fixed.

    Best of luck

    CBP office location link in CA
    LA - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_south_pacific.xml
    San Diego - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_s_ca.xml
    San Francisco - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_mid_pac.xml

    Regards,
    Smitin




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  • priderock
    08-06 11:55 AM
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.


    My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.

    She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.




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  • felix31
    06-05 03:16 PM
    I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.

    Pappu,

    I guess the uprooting thing depends on many other issues....

    E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.

    However the retro thing is ruining everything (just like so many others here - we are not an exception).

    In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
    Will that help me? No, sir!

    We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).

    So, in our case - moving to Canada is much like moving to another State...
    Not a big deal...It certainly will not be the first time to rent U-haul. :)

    What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.

    It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..

    I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.

    Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
    If one spouse suffers and is not happy, how can the other be content?

    He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
    We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.

    I would LOVE to work, BUT - as H4 - I can only dream about that.

    Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.

    Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.

    In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.




    sk2006
    07-03 03:24 AM
    Here's an idea that came up in my head:

    There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.

    Here's the agenda:

    "Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"


    (Before you all start bashing this, let me put down some pros & cons)...

    Pros:
    1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
    Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.

    2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.

    3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..

    4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.


    Cons:
    1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)


    If you all see any other sides of this story, you know where to find that 'reply' button.

    Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.


    Also:
    Ban us from buying land, cars and houses as well and see how fast media, NAR and automobile companies come out in favor of faster GC for us!




    kshitijnt
    05-14 07:44 PM
    Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.



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