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  • Pria
    01-06 04:25 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria





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  • she81
    05-15 06:34 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?





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  • pranavgandhi
    07-16 12:59 PM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.

    Is there offered salary criteria associated with this category?





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  • pankajkakkar
    09-14 03:59 PM
    And several other anti-immigrant newsletters/blogs have been talking about this today.

    This particular amendment should be brought up during lobby day. Those of us not making it to the rally should be calling Congressmen to ensure that this amendment passes!



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  • reddy_h
    01-07 10:38 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.





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  • FinalGC
    02-13 01:11 PM
    No more slavery to Desi Consulting companies, so help IV to help U get the GC.



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  • Bogdan
    06-04 12:39 PM
    As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?

    (Couldn't resist. Just trying to find something humorous in our common misery.)


    You are right. Since the 95% Confidence Interval for for the probability of Statistics being one of the majors in STEM is (0.4, 1.0), the lower limit of this interval is too low for me not to live with the doubt. But I'll survive...





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  • smisachu
    10-04 10:33 PM
    Good info. Thanks.



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  • rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

    Thanks
    Raj





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  • logiclife
    02-08 11:48 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.



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  • simple1
    06-18 06:40 PM
    Guys,
    you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?

    1. Address legal immigration first
    2. Illegals will have to stand behind the ones who came in this country legally.


    Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,

    We all need to have faith and work towards making IV and its goal attainable.

    I hope the same.

    I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.

    Thanks.





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  • svr_76
    06-12 12:50 PM
    I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...

    that eventually. .the CIS will resort to the best option they have....

    They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).



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  • gc67890
    11-16 10:19 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks





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  • njdude26
    08-26 12:35 PM
    Does MBA help you qualify under STEM?

    Is it accredited university?

    You will get some relief if SKIL goes through because so many people will be exempted from cap. why do you want to break your back by studying for another degree whihc you are not interested 100%i dont know if i will be breaking my back ! i think it will just make my pocket lighter !

    how do i find out which univerisity is accredited or not ?



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  • PrayForEveryone
    07-11 11:10 AM
    140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
    It got approved yesterday!





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  • centaur
    03-28 07:23 AM
    Its a report from your employer saying how many people responded, how many were INTERVIEWED and why were citizens not given your position, if they applied for it , based on the recruitment drive. If there were responses, company has no choice but to conduct interviews and come with a legitimate reason for turnig down citizens. So your lawyer is right.

    Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.

    Hello,

    My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.

    Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.

    I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.

    Please help



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  • raj3078
    04-27 11:08 AM
    This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
    Pappu,
    This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:





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  • snaidu
    05-29 04:11 PM
    AVS channel has an indian program every saturday starting 10am -12.00pm

    I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.


    If some one has contacts at AVS may be IV could get more coverage.

    Thinking out loud..





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  • seeking_GC
    07-28 02:08 PM
    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.





    rajarao
    09-11 11:06 AM
    The trend here clearly shows- how bad is this broken LEGAL immigration system. NSC send only receipts, TSC sends EADs but no receipts. People with 2005 prioritry date get their GCs (some reported EB-2 cases from India that got GC in July, because prioroty dates were current), but the next month goes back to unavailable and then to Apr 04 (Sept visa bulletin) and then may go back to stone ages (some predict 2003- for October bulletin).
    Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.





    jumanji4u
    04-07 02:29 PM
    as knowledge and age, grows the maturity grows...but it seems like the opposite here...please ppl stop the nonsense of universities...lets pray we all get our dreams come true.



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