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  • peer123
    04-04 04:54 AM
    ,,,,, others please weigh in





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  • gatsat
    10-08 03:23 PM
    No. Is there any way to get it delayed till my marriage ?





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  • Bimmer740i
    07-10 07:39 PM
    http://www.ilbsg.com

    They charge $600 for H-1B





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  • mdforgc
    02-21 06:35 PM
    EB3 nepa, please do print out these links too and send to Sen Specters office

    http://www.flight-capital.com/- David Heenans article

    http://www.creativeclass.org/ Dr Richard Florid's site Book"Flight of the creative class"

    [1] Pia M. Orrenius and Madeline Zavodny, “Does Immigration Affect Wages? A Look at Occupation-Level Evidence” Federal Reserve Bank of Atlanta Working Paper No. 2003-2a, August 2003, at http://www.frbatlanta.org/filelegacydocs/wp0302a.pdf.

    [2] “America Needs More, Not Fewer, Workers from Overseas,” editorial, The Wall Street Journal, August 26, 2005, at http://www.opinionjournal.com/forms/
    printThis.html?id=110007166.

    http://www.heritage.org/Research/GovernmentReform/wm886.cfm#_ftn1- link supporting recapture of visas

    http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm- MN Gov Pawlnety's comment on legal immigration

    http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r Intel Chairman calling for more H1Bs and Green cards

    http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf report of the migration policy institute, suggesting moving other visa cateogires to skilled EB immigration and removing country quotas.



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  • pappu
    05-22 04:57 PM
    Lets focus on action items.
    Thanks





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  • extra_mint
    11-29 05:32 PM
    Did you try to appeal the denial ??
    Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.

    Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.

    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks



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  • 21stIcon
    12-20 08:40 PM
    Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.

    My point is how can employer deduct tax with is not shown on pay slip.

    What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.





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  • GotGC??
    03-09 07:01 PM
    Just goes to show that reform is the only solution. There is no point waiting out for the Visa bulletins for the next 6-7 months...

    But someone was mentioning that unusedvisas for the current year is "released" in the 4th quarter (July-Sep). May be something would come out of that...

    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.



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  • dhesha
    11-17 02:53 PM
    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.

    It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.





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  • msyedy
    12-13 01:29 PM
    I like your thoughts

    I would want a faster GC for many things
    a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.

    b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.

    my two cents



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  • gcnirvana
    05-14 09:03 PM
    This is a EB3 - General Poll across all countries
    Can you create one for EB2, please? Thanks!





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  • Beta_mle
    09-10 07:23 AM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

    I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?

    Could someone please address this?

    Thanks.



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  • piyu7444
    07-03 01:59 AM
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.





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  • senthil
    01-17 11:30 AM
    i would recommend --

    its worth going to a tax filing rep ( HR block or any local re closer to you ) who'll get your job done easy. bec this involves not only adding your spouse to your tax records for the first time to get rebates etc. they will also help fill required forms / pappers to apply a new ITIN for your spouse, which is supposed to go to a diff address for requesting ITIN and once after an ITIN is assigned, it gets forwarded to the right place where it should be filed etc.

    Having copies of all forms this time, may be it will be easier for you next time to do it yourself. my 2 c. good luck



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  • ski_dude12
    09-26 08:58 PM
    You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.


    Thanks for the advice. I appreciate your insight.

    I amm zn. ! going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.





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  • abhijitp
    06-21 02:48 PM
    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.

    BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.

    I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)

    But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.

    When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.

    Comments/suggestions welcome.

    Thanks!
    Abhijit



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  • meridiani.planum
    04-06 02:24 AM
    I believe the general line of thought is any time between 6 to 12 months.

    But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.

    But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !

    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.





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  • chanduv23
    05-08 10:24 AM
    There are situations when a h1b transfer or extension is granted but the approval notice does not have a i 94 atttachment that adjusts your extension to stay till the end of your petition date. In such a situation, the benificiary has to go to his home country for stamping and then come back.

    The best thing you can do in your case is to approach murthy's firm and get a paid consultation.





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  • pezz77
    05-24 10:02 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.

    Thanks for answering the question Sravani... that's all I was looking for: opinion on wether or not it was best to wait or not. Have a good one.





    snathan
    03-03 01:29 PM
    Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.

    Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.

    What ever it is...you need to file I-140 within 180 days of approvel. Its two years and gone.





    ramaonline
    12-28 02:21 PM
    Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc