ganguteli
03-22 01:13 AM
Your experience in current job may not add up as experience.
But do not go by that. What is the requirement of the job for which labor will be filed?
But do not go by that. What is the requirement of the job for which labor will be filed?
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pappu
04-27 01:13 PM
$1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.
I'm not even thinking of the remaining 500,000+ people in the immigration queue
Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
I'm not even thinking of the remaining 500,000+ people in the immigration queue
Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
no-tec
10-14 07:28 PM
i think its like that for everyone. theres always 100
s of ppl on at once. :(
s of ppl on at once. :(
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bigboy007
02-25 10:13 PM
I laughed at it when i first saw this in OhLaw website. Any employee who thinks of AC21 job change would be in either of those buckets mentioned and conclusion is NO AC21 for EB employees if truely interpreted another scary tactic though.....
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surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
newuser
04-15 12:15 PM
Congratulations and enjoy the freedom
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chenche19
04-01 09:20 PM
Hi, thanks for the response. I will update my profile. I just joined the forum today.
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
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sparky_jones
08-12 10:58 PM
I also got LUD of 8/12/07 today for my I-140 which was approved in June 2007. My 485 package was sent to NSC on July 20, 2007. No receipts or checks cashed. It could be a general data refresh on some cases that caused the system to record a new LUD. I doubt if it means anything.
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smakur
07-16 05:24 PM
Some of my friends did this. A common example is if you work in company A and your spouse works in Company B. Since you typicaly go through the company's lawyers and you do not know who is going to file when, it is generally a good idea to list one spouse a dependant of the other. So you get he earliest receipt date possible.
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though
However, if the same lawyer is preparing both your applications, then there is nothing to gain. So you should just file your own 485s (why risk losing the filing fee) or file one 485 (earlier PD with the spouse listed as a dependant).
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though
However, if the same lawyer is preparing both your applications, then there is nothing to gain. So you should just file your own 485s (why risk losing the filing fee) or file one 485 (earlier PD with the spouse listed as a dependant).
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gcseeker2002
12-21 10:40 AM
I spoke personally to the SFO consulate and they said , unless you have something in your passport that is valid you need a transit visa. They dont care about other forms of travel.
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ajay
06-07 05:11 PM
Guys who get RFE should keep a close watch on the receipt of the notice within 10 days from RFE issue date, if you don't receive it make sure you call them and get the RFE faxed or resent, the deadline to RFE respond wont be extended no matter what you do, this is based on my personal experience.
I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.
Thanks for the info. Please try to update the status of your RFE when it is done.
I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.
Thanks for the info. Please try to update the status of your RFE when it is done.
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djsnug
06-10 09:28 PM
I think I'll secretly keep Phat7's image as wallpaper on my computer. The woman in there is absolutely beautiful! :D
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coolstonesa
03-10 05:24 PM
H1B is a work permit and as a dentist she can't work without a license. So H1B can't be filed without a license as she fails to meet minimum requirements to work.
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lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
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dan19
09-15 01:38 PM
Where did you get the numbers from?
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
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Ramba
09-25 07:40 PM
:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
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ckichannagari
11-09 04:40 PM
from Texas
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gjoe
01-04 09:24 AM
I guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.
All that I have mentioned above are just my guess based on the trends I see at various forums.
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
All that I have mentioned above are just my guess based on the trends I see at various forums.
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
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chanduv23
08-04 09:38 AM
I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
NikNikon
October 23rd, 2005, 09:30 AM
Sounds good to me. QJ?? Anyone else?
Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?
Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?
GCOP
11-08 07:38 PM
There were many 245i applicants who filed under EB-3 category than EB-2 category. So EB-2 is less affected due to less 245i applicants and most of the problem is experienced in EB-3 categories.
We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.
We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.
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