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  • obviously
    08-04 11:54 AM
    Yes, the new I-140 has the old EB3 PD on it.

    So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?

    What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?

    Cheers!




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  • hoolahoous
    03-18 11:20 PM
    if H1b withdrawal is mandated then why do most of the employer's do not do it ?
    shouldn't it put them in a legal situation ?

    here is what I found on one of the murthy's posts

    According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.




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  • Lucky7
    12-04 01:25 AM
    I have been waiting since April 2001 for LC EB3 (India) and 4 weeks ago my Attorney calls me up tells me to see him ASAP.So i think Recruitment Instructions finally (LC was filed TR).
    Wrong it turns out it is a Analysts Review and they come up with 3 problems:-
    1. Job description 2 restrictive and tailored to applicants education and experience.
    2. Applicant cannot claim job experience with same employer for job titled offered.
    3. Wage is too low,currently making $54.00 an hour,they want $92.00 an hour.
    So after addressing the job description and job experience issues and finally get my employer to agree to wage issues and we fax the paper work before the deadline.Have not heard a single thing for close to 5 weeks now.
    Are any of you guys having problems with this issue and if so how long after did you get RI.If i dont get LC certified by end of 2007 i think any body with 2003 or earlier PD should file a class action lawsuit against DOL.
    Also what happened to DOLs promise to start a date processing guideline,which was supposed to start 1st December 2006,so we would now if it was worthwhile to change from TR to RIR.




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  • zerozerozeven
    04-10 03:36 PM
    http://www.aila.org/content/default.aspx?docid=25173



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  • lecter
    December 8th, 2003, 02:29 AM
    i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.

    This gave the shot a very surreal look.

    Don

    Sure is surreal... I'm with Steve, where does one get the plug-in?? (Perhaps I didn't read enough...)

    Offer from a Top consulting Firm | EB3 [Archive] - Immigration Voice

    View Full Version : Offer from a Top consulting Firm | EB3





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  • sathish_gopalan
    07-05 04:21 PM
    If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.



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  • akhilmahajan
    11-14 08:28 PM
    December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.

    Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.

    Folks this is the time to fight it out. Lets fight for ourselves.
    The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.

    The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.

    There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet

    Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.

    Think about it.

    Go IV Go. Together we can.




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  • ArunAntonio
    02-20 07:13 PM
    I used the data from this webite to apply for FOIA for I-140

    Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.



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  • javadeveloper
    12-02 01:29 PM
    Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).

    My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.

    One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info




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  • desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.



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  • munnu77
    04-15 03:21 PM
    Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
    if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
    Contact an attorney, i am sure there is a way out.




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  • chantu
    06-15 10:45 AM
    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?



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  • krish2005
    11-09 04:07 PM
    When posts related to 'which airlines is good to fly' can be posted and reviewed under this section, why cannot this be posted too.

    But if admin feels that its an irrelevant post, then please go ahead and remove it.




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  • newbie2020
    05-18 07:42 AM
    This one is an earlier bills introduced earlier ,This is similar to the bills being discussed

    http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::

    Since the text of this bill is similar to other bill should we try to get these law maker's support.





    http://www.house.gov/apps/list/press...vatorsAct.html

    KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”




    (Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.

    “The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”

    “We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”

    “We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”



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  • mnkaushik
    06-04 10:02 AM
    I got an account verification letter from HSBC Online Savings Bank. Just go to the Bank Mail section and ask for an AV letter. They will charge you $20 or $25 for it. I got it done last month.




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  • santb1975
    02-15 10:28 PM
    ^^^



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  • reddyram
    07-18 03:24 AM
    That is to frighten you. US law : You can leave anytime. Indian law ? maybe they can take u to court and pin you down - but they have to serve u ...and u r in US
    Leave man........




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  • VivekAhuja
    03-18 06:26 PM
    If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.




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  • pappu
    08-22 04:57 PM
    Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.

    I will call these people in Buffalo to find out if I can motivate them for rally..

    Thank you

    Thanks. Im glad I was able to help one more person come to the rally. If anyone has any issues they should contact the chapter leads or core team. We needed everyone in DC. Only exceptions are for who are unwell, pregnant or anti-immigrants on this forum. If you are neither of these three then see you in DC.




    sanjay02
    08-22 03:14 PM
    As stated earlier go for your own lawyer.


    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation
    __________________




    mukraw6
    11-21 05:24 PM
    It said the same thing for me and that means you will recieve it in a weeks time or your lawyer



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