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  • immi_2006
    01-16 01:21 PM
    I may be wrong but i read on murthy that in the 6 years of H1 if you are out of the country for few days/months/years you can file H1B as a new H1 claiming missed days/months/years. (note: your H1 will be valid for only those missed period and not another 6 years) If it is for few days/weeks it is not worth to file for recapturing.

    This option was given in murthy.com for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.





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  • reddog
    01-21 11:03 AM
    Money.........





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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • tammigaw
    02-15 12:16 AM
    i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

    But now he is claiming that i cant join full time with the client as well.

    During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

    Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?



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  • Loruoo26
    02-14 12:47 PM
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  • neerajkandhari
    10-05 09:29 PM
    waiting for AP
    july 2 filer



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  • TeddyKoochu
    09-24 01:47 PM
    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.

    This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?





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  • webm
    02-14 09:28 AM
    "If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."

    I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.

    HTH,



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  • rdehar
    11-27 01:40 PM
    How does it work? It doesn't work anymore :D

    Labor substitution is dead.

    Beware of anyone scamming you in name of labor sub...





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  • sandy_anand
    01-24 10:06 AM
    Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
    EB1 as you say received 41026.
    Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.

    This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.

    Thanks! I stand corrected.



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  • pom
    09-04 08:52 AM
    What's pixel stretching ?





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  • waitingmygc
    05-20 09:07 PM
    Hi,
    My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

    As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
    Is it possible to have EB2 category and old priority date without refiling new I-140 ?

    Thanks.



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  • joydiptac
    06-23 02:56 PM
    I take this as another posiitve.

    Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.

    Agree with u guys lets push for the family reunification bill.





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  • fide_champ
    04-06 05:31 PM
    Does not sound right. Where did you hear that?

    AC21 allows you to change jobs after 180 days of filing.



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  • DSLStart
    07-28 02:54 PM
    Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
    Do you think something is cooking? ;)
    Hi Everyone,
    My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

    Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

    One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

    Appreciate peoples inputs.





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  • pappu
    04-09 04:12 PM
    For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.

    SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE


    We must have 100,000 members in a short time


    Thanks
    Thanks.



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  • avisitinguser
    10-11 01:08 PM
    Our applications reached to TSC on July 27. I have received my receipts. But no receipts and no checks cashed for my wife's applications. Is anyone in the same situation?





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  • dilbert_cal
    07-11 11:46 AM
    Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer.... my 2 cents....

    I believe USCIS has more work than just EB - they do have have FB cases too and certainly the backlog in FB is still many times longer than EB.

    Not that I am saying we are better off or worse off - just wanted to point out that USCIS employees do have something to work on regardless of EB numbers available or not. Also EAD and AP processing goes on regardless of whether EB numbers are there or not.

    Please do not assume that no work is being done and belittle the jobs of those who work at USCIS.





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  • schandra
    11-25 09:10 AM
    Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
    I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
    Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
    Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
    But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
    What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).





    atul555
    07-30 08:15 PM
    It will progress all the way to 2002 Nov - Dec by Oct visa bulletin and keep progressing to 2003 or 2004 beginning by end of fiscal year 2010. The basis of this calculation is part visa number usage analysis, and part hope :) let's see how it pans out.





    eilsoe
    10-03 01:31 PM
    neither do I...

    :::::evil:::::