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  • WhatheHeck
    07-12 11:05 AM
    Hello Friends,
    I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.

    Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.

    If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?

    My question is

    With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion




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  • tikka
    05-31 11:09 PM
    we need 150 more faxes to reach 5,000

    can some of you please chip in??

    thank you




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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:



    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:




    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)




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  • lazycis
    11-29 02:35 PM
    Just when I gave up and stopped checking on-line status every day, I've got I-485 approvals in the mail :) Did not get any e-mails yet about all three cases I was tracking, even though I've got the plastic already.



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  • smuggymba
    03-15 09:34 AM
    L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
    TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
    When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.

    After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).

    Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.




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  • meridiani.planum
    10-09 09:44 PM
    E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

    :) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!



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  • whiteStallion
    06-02 07:03 PM
    Yes, the return ticket have to be *within* 6 months rather than after 6 months.




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  • Dingdong
    02-27 10:34 PM
    You can get your FICA taxes back for the period you were on F1. I did the same several years ago. You will need to search the IRS website for the right refund form. Make sure you were NOT already having less taxes withheld when you were on F1.



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  • sagar_nyc
    04-02 05:17 PM
    yes , I 140 they will ask details about employer only

    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.

    RK




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  • msyedy
    02-05 08:36 PM
    1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.

    You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.

    2) Time taken for an H1-B approval varies, it all depends on your fate.
    I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.

    3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.

    These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.



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  • belmontboy
    03-05 08:24 PM
    Can we all try to list some big so called stable banks (as of this writing)........... all we can do is keep the funds in them, but if FDIC tanks, we will loose a LOT.

    Wells Fargo
    Bank Of America (People may differ with me on this choice)

    can we add more to this list

    chase




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  • lskreddy
    03-12 07:19 PM
    Thanks.

    What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?

    I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.

    Thanks again for your reply,.



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  • JoeSixpack
    09-04 07:45 PM
    It seems I spoke too soon about having that bold problem tucked away. It does work like I mentioned. However if upon opening the window i first click the bold button then click in the textbox, the bold button will return to its unClicked state. It is only if i first click the bold button and begin typing without clicking in the textbox before typing that it retains its isChecked state and the text is bold.

    (This is how it is working after adding the MainRichTextBox.Focus to the cs file.)




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  • Siddharta
    01-11 09:11 PM
    I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.

    Why is that? What if I have a job offer from a canadian company and they sponsor me?



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  • ArkBird
    08-05 02:02 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    If that happens I will start walking with my hands instead of my feet... ;)




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  • s416504
    02-03 09:34 AM
    I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
    I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
    I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.

    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions



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  • chnaveen
    03-23 10:14 AM
    you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...

    I apologize for my mistake in typing. I don't know what was going on in my mind at that with this shocking news.




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  • H1Girl
    08-31 10:56 PM
    Hey H1Girl, kriskris did not use the word "ATTRONEY".

    ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
    ATTRONEY - Word yet to be invented/discovered in english.


    Looks like you don't have any other work except finding typos on other's posts...Anyway, good catch...

    Please help the above guy if you can and try not to deviate the post...




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  • fall1998
    01-12 01:42 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)

    By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.

    Cheers!!!




    mariner5555
    04-04 06:59 AM
    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by postal mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

    anybody with answer to the above ?




    amitjoey
    01-23 02:58 PM
    Thanks, you are real hope for the thousands of people affected by retrogression.



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