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  • Siddharta
    09-26 12:48 AM
    YES YES YES - go ahead screw your smalltime employer

    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).




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  • yabadaba
    06-22 10:05 AM
    To Hemasar

    No- You better get you act straight.

    Your post heading said "TB skin test is not mandatry"

    So that implies it is not required. also the correct spelling is mandatory.

    The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.

    http://www.murthy.com/news/n_tbtest.html

    Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.




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  • amitjoey
    07-13 05:24 PM
    That means you have no reputation at all :D :D :D .. kidding.

    I think all that means is that no one has given you any reputation point yet.

    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D




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  • summitpointe
    01-31 02:02 PM
    There is a high possibility that you will get an RFE and you will need to reply for the RFE.

    Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.



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  • shan74
    01-12 07:49 PM
    Thanks and wait for ur response. Also i wanted to know whether my employer or lawyer will come to know if i apply for FOIA, and will it affect my application. Another thing is my employer is not responding whether my 140 is approved or not. so i really don;t know the status of my application and he is not willing to give me the receipt #.

    So please let me know will it affect my application.
    thanks




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  • jonty_11
    02-09 10:13 AM
    I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
    The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.



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  • logiclife
    12-22 06:03 PM
    There is no such thing as "H1B grace period". Nowhere in Immigration laws or USCIS regulations there is anything like a fixed number.

    You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.

    Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:

    1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.

    2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.

    This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.




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  • kaisersose
    08-06 09:19 AM
    capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.

    I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.

    If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.



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  • andy garcia
    11-10 09:30 PM
    Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.

    FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)



    That total also includes Asylum/refugee, DV lottery and Immediate Relatives.




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  • waitnwatch
    08-30 12:36 AM
    Isnt recording conversations without the consent illegal? :confused:

    I think that applies to telephone conversations only though I may be wrong. Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.



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  • psam
    12-16 10:58 AM
    Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?

    I took usual 20/25 days. Dont exactly remember.




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  • gc_wow
    09-16 10:54 PM
    Get the cnn chief and make this lou dog on our side, that would be he will never talk about H1b and will praise IV for their efforts in improving USCIS and public policy. This is the time to do this. If dog wont budge then pull sponsers and chase him to the end of earth and may be hell.I have never seen such a bigot in my life.



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  • ck_b2001
    07-17 07:05 PM
    You need to be in US untill you recieve "Reciept of Notice". For those who filed Jul 2nd may be a special case as untill today it was thought to be rejected. In this situation i dont know how that rule will apply. On your return you have to show the 485 reciept notice along with your valid H1/H4 Visa (if Travel document is pending) to enter to US. It may mess up the database at POE if you do not mention pending 485.
    I would advise you seek legal advice if you have filed on Jul 2nd and you or your spouse has or is travelled (ing) abroad.
    My wife was planning on travelling next week and she has to cancell her trip to be safe.




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  • black_logs
    04-12 04:09 PM
    Labor substitution is bad for those who can't find one and good for those who found one. I didn't find one so it's bad for me. But 1 thing the DOL came up with the substitution rule is that 45 days labor expiry rule. Just can't believe the administration can harrass people to that level. When labor substitution is in place what's the point of this 45 days rule ???



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  • eb3_nepa
    05-14 01:44 PM
    Point taken.

    I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.

    But, point taken.

    Mocking me so much shows you in bad taste, my friends.
    This is the last thing you will see me posting here.

    And it is a "her".


    You lied! ;). You posted one more time.

    Fortunately or unfortunately on this forum, saying this is your last post doesnt make people become nicer to you :)




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  • vallabhu
    11-13 04:44 PM
    India EB3 2004 June.



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  • roseball
    05-14 01:34 PM
    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..

    Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.

    However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.




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  • Karthikthiru
    08-01 11:16 PM
    We all have to keep assuming like this only. The only way is to lobby and increase the the VISA numbers per year. So we all should show up on the Sep 13th rally and show our strength

    Karthik




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  • Joybose
    08-14 02:58 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
    Hey, which service center, Texas or Nebraska.




    Berkeleybee
    04-03 04:36 PM
    brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.

    Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:

    The NAS report is available at http://fermat.nap.edu/catalog/11463.html

    The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document

    "In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
    figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."

    The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."



    The document you have linked to says

    In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.

    And the document footnote says
    Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.



    So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"




    jayleno
    03-11 06:02 PM
    Buddy,

    Are you the same person as the one who posted this? Has someone hijacked your id or your brain?

    http://immigrationvoice.org/forum/showthread.php?p=129163#post129163

    You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
    I am sure you would be willing to pay money to the employer for that.
    Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.


    This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
    Lets assume the greencard is approved and can it be revoked if i never work for the employer.
    And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.



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