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  • bongopondit
    08-11 10:13 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!





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  • qualified_trash
    12-12 03:43 PM
    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
    very true!!





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  • carbon
    05-21 05:41 PM
    Immigration Voice has taken a position against the bill in its current form. .

    And that is the position of everyone in this country except 20 insider deal senators.

    You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.

    In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".

    Have some dignity man...

    But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)





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  • dixie
    07-18 05:10 PM
    It is puzzling that EB3 World didn't move a single day. Per my calculations, it should move three months in each month.

    My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.

    I accept that there are lots of loop holes in my calculations as it didn't move a single day.

    Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?

    I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.

    Many people say uselessness of predictions but I think we can predict to certain extent.

    There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.

    Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.

    But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.



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  • burnt
    03-08 10:37 PM
    Same for me... I went to India...I followed the process while boarding and gave the passport to Airlines guy. But Somehow noticed after boarding the plane that he had not stamped my passport. So that I-94 came back with me when I reentered USA, But I did not say anything to the Immigration Officer at the POE, and got a new I-94. Will this effect my I-485?





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  • Prazz002
    07-19 02:06 PM
    I think this applies only for existing cases that is if you already have a EAD number and applied for renual.



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  • conchshell
    06-13 02:02 PM
    One more state chapter .... go ahead guys .....





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  • pappu
    09-18 09:21 AM
    Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)

    We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.

    If you know of any such people please pass on this message.

    Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org



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  • Berkeleybee
    05-16 01:28 PM
    All,

    We had always intended these forums to be mainly focused on IV's agenda and legislative strategy.

    Up till now, IV's agenda has mainly been discussed in the "Green Card Retrogression" forum. We are creating a forum where we will only discuss those issues -- "IV Agenda and Legislative Strategy"

    Example Topics:

    Forum: IV Agenda and Legislative Strategy

    IV Fundraising, News Articles on CIR issues, Current Bill Text Analysis

    Forum: Green Card Retrogression

    Visa Bulletin, assorted I-485 issues


    I would also like to gently remind you that IV does not condone or endorse any discussions of methods to outgame the system -- by filing paperwork that does not match the facts etc. Several members have drawn our attention to posts that come close to crossing this line.





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  • desi3933
    02-23 11:44 AM
    Hey,

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani :)

    a) Your H1 will be exempt from quota.
    b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
    c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.

    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • pappu
    02-11 10:23 AM
    On the contrary I think IV forum can be stress relievers. One can share their pain, anxiety, news and questions with other people in the same boat.





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  • kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    ===

    ...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.

    ===



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  • srarao
    08-18 12:01 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.





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  • USDream2Dust
    06-14 09:53 AM
    We have excellent scores and me and my wife would be both on mortgage.



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  • dan19
    11-07 12:34 PM
    Friends,

    Can you all post the names of good consulting companies to work for. Let's create a list here.

    Thanks,





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  • desi3933
    07-09 08:06 AM
    LCA at 485 level should not be considered and that could be the reason u never heard of one .....

    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice



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  • akela
    03-11 11:32 AM
    Thanks buddy. That was the answer I was looking for.





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  • Porch
    08-28 02:29 PM
    DO we need the latest pay stubs to extend the h1b from company A? Since I'm working for company B now, I'm little confused.





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  • gc28262
    04-07 06:23 PM
    I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)





    checklaw
    07-19 11:31 AM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.

    Thanks. Very informative too.





    sundar99
    02-18 01:14 PM
    Hi,

    Our recent exp :

    My wife got her DL renewal in Jan, she teaches @ Univ of Calif as Asst Prof , on H1 visa - she is on 6th year, they did not ask any questions, we got extremely courteous service from DMV. She got 5 years renewal



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