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  • validIV
    03-20 05:25 PM
    This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.





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  • stemcell
    02-12 02:15 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.

    puzon

    There are a lot of folks who shell out on their own for the GC process.
    Just weigh the risks vs benefits....

    do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you

    OR

    leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.

    The way i look at it dont waste an opportunity, just apply and worse case u have a plan B

    only my 0.02





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  • nish17
    06-20 02:41 PM
    Is copy of approved I140 required for filing ?
    Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.

    I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.





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  • HawaldarNaik
    03-04 06:07 PM
    Yes you can work from Home, i meant Home Country...:D



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  • garybanz
    01-08 10:14 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    My contract with my desi consultant basically says

    "Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.

    In particular, I will not:

    (i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or

    (ii) Divert or attempt to divert business away from Employer;"



    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?





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  • ramhs
    02-06 11:58 PM
    First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
    In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .



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  • Gravitation
    04-09 01:12 PM
    We must think about what we do after CIR fails.

    US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.

    Who knows what'll happen. All we can do is to give it our best shot.





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  • Sreeshankar
    05-19 02:00 PM
    Do you thing is it good idea to go for info-pass for enquiry? same time any advice for following question?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

    Dear Friend,
    I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
    The Links :

    http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf

    http://www.immigration-information.com/forums/showthread.php?p=25835



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  • hebbar77
    09-10 12:28 PM
    MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.

    Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.

    Now I am eagerly awaiting my approval (primary + 2 Dependents).

    My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.

    If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.

    My case looks same as urs! thanks for writing.
    I just hung up with USCIS before I read this.
    first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!





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  • pbojja
    06-25 02:14 PM
    I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?



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  • st4rguitar
    04-14 08:44 PM
    I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)

    No problem, good luck!





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  • paskal
    06-13 04:41 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    nothing wrong in convering if one is eligible.
    here is the problem though....each one can judge for themselves, i'm just presenting the facts:

    EB2 requires an advanced degree- lets say it takes anadditional 3 years
    EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
    now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.

    the law of the land gives preference to people with advanced degrees.
    it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.

    you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.

    this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.

    so....



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  • punjabi
    10-19 03:30 PM
    Dear folks:

    Fist of all, a definition of PLEDGE:

    PLEDGE: A solemn promise or agreement to do or refrain from doing something. Example, a pledge of aid; a pledge not to wage war.

    Situation:
    More or less, all of us are aware of the importance of IV.org and how much IV means to us as an organization AND as an entity that strives to help us get out of the gut of current immigration situation.

    We also know that a day will arrive when we (and spouse/kids) will have Green card in our hands.

    If not next month, perhaps in another 6 months for some people. Or perhaps a year or two away and to some people, unfortunately, even longer.

    But we will get it one day.

    IV is a very active organization who is working hard in our best interest and it does not matter how you get the Green Card, IV will have, direct or indirect, contribution to it.


    Proposal:
    There was a thread going around few months ago on "how will you celebrate the day you get greened?" Some prefer throwing a party, some prefer vacation, some would overload gallons of alcohol in their body or some would donate money to their respective temples or church.

    These are all good things to do. (OK. May be not the alcohol part) :)

    In addition to the above, I invite you to celebrate that day by flowing some donation to IV. Just as a token of saying THANK YOU. This will help IV to continue to fight for other folks out there.

    I invite you make a sincere pledge TODAY on how much money you would like to donate to IV on the day you get greened.

    Nobody is going to twist your arm if you decide not to donate, but I trust that most of the people takes pride in keeping their word once given.

    Even if 50 people among us get their green cards each month and each one of them decides to donate $100, it will amount to $5,000 to IV and it will help them fight for a cause for rest of the people out there.

    No pressure.

    Just an idea.

    I myself pledge for $250 donation today.

    Others are welcome to participate.





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  • vikki76
    09-18 03:12 PM
    Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.

    I know some people who have traveled using 551 stamp in the past. They had to go through secondary inspection, carried all their docs with them, but everything went fine.



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  • map_boiler
    05-15 09:19 AM
    Good job Learning01, Shrey!





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  • arc
    02-23 10:33 AM
    I know we can enter back on AP.

    I have similar situation:

    I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?



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  • gsc999
    06-19 02:08 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.





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  • waiting4gc02
    06-19 12:44 PM
    EAD/AP's dates are back to normal ( ~90 days)

    So, stop panicking ppl..

    For once, USCIS, fixed there error ..fast enough..!!!

    Cheers..





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  • rockstart
    03-09 11:45 AM
    Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?

    I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.





    cdeneo
    12-29 01:21 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.





    glores1970
    09-20 01:10 PM
    Hello,
    We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

    The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

    I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

    Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

    Thanks for your help.



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