Saturday, June 11, 2011

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  • glus
    03-19 11:29 AM
    If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.

    This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.

    I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.




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  • kevinkris
    04-21 01:53 PM
    Hi greeta,

    I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
    to your home country and cannot transfer your visa. If it's H1 you can always do that.

    If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.

    Good luck.

    Rgds,
    Kris

    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta




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  • boldm28
    06-17 08:27 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    you got that rite buddy




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  • nozerd
    02-26 09:14 AM
    Where is the best place to learn Peoplesoft ? What is future scope of Peoplesoft ? Also where is a good place to learn SAP or Oracle Financials ?

    Do local Univ or Community colleges - Computer Science or MIS departments offter these classes ? Does one need to learn C to learn these applications ?

    My only prior programming experience is in Basic and Fortran languages eons ago.



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  • BimmerFAn
    06-13 01:45 PM
    No there is no premium processing process for waiver applications. There seems to be no apparent order in the order they are adjudicated. Once the Department of State recommends you for a waiver you may apply for H1B change of status with the recommendation alone. If ur H1B application is filed for premium processing then the USCIS might adjudicate the waiver within 15 days as part of the h1b processing.




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  • Mount Soche
    09-04 10:23 PM
    Don't know much about how long medical tests are valid for but for sure the test has changed. I medical took a test last year for the employer sponsored green card and just took another medical test in August for another green card petition and my doctor told me that they're much stricter with the TB section.
    I saw the form and it is totally different. They're asking for more detail.

    I had to take another vaccine, which wasn't required last year.


    Folks,

    Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).

    As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?

    Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?

    Thanks in advance for all your responses.



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  • Soul
    05-27 09:10 AM
    Thanks :thumb:

    I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic

    - Soul :s:




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  • eb3_nepa
    04-16 11:21 PM
    Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.

    Do you have any kind of documentation or a Link for this by any chance?



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  • waiting4ever
    01-05 04:45 PM
    This is a good effort towards solving the retrogression issue. Like many silent readers, I do have concern about contributing to a new organization.

    Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.

    Thanks!




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  • immigrationvoice1
    10-02 01:28 PM
    Hello Gurus,

    If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?

    Thanks in advance for your replies.
    /



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  • h1bemployee
    02-25 06:49 PM
    can anybody help me here?




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  • eastindia
    09-23 11:14 AM
    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....

    You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.

    If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D



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  • akhilmahajan
    11-15 10:54 AM
    We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.

    The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.

    She recommended that we should meet the office staff in DC since they handle issues related to legislations.

    Thats great u met the congressman, I am telling you, politicians are not aware of our problems. For them legal immigration is working great and it does not needs to be bothered.

    We need to keep on meeting the politicians and highlighting our problems over and over again.

    Meetign them once is not a solution, we need to keep on following with them. This issue has to be highlighted again and again.

    Lets get together and try to highlight or issues and hardships being faced by us.

    GO IV GO. TOGETHER WE CAN.




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  • fromnaija
    07-20 05:30 PM
    Assuming that her 485 is not approved by the time they bring the child into the US, she could file AOS for the baby when her PD becomes current again.
    NO, the child will not have to file family based and will not have to go out of country to get GC.

    her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?



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  • nixstor
    01-17 04:07 PM
    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).


    Aren't 1040, 1040 NR, 1040NR EZ different forms?

    OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.

    www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.

    The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.




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  • webpromo
    03-25 09:50 AM
    they gave the xerox copies of the passport , and hold my passport , I never heard any one in this situation , they are so stupid and racial ,and I don't think they make sense , read this this is real situation in US this is true , because I the victim of this

    Guide to US Deportation (http://www.asifism.com/guide-to-us-deportation/)



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  • saibaba
    07-16 06:03 PM
    wats goin on folks....I just got this news from my buddy,started surfing IV and found this thread....




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  • sujijag
    09-13 02:00 PM
    Common guys we need to make some thing better for EB3 folks.




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  • 123456mg
    07-20 03:32 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".

    The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.




    mbartosik
    11-09 05:42 PM
    http://news.bbc.co.uk/1/hi/health/7087846.stm

    Actually there were two issues.

    1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.

    2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.

    For comparison with US system

    indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).

    Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.

    I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.




    senthil1
    05-09 11:58 PM
    As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.



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