Monday, June 13, 2011

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  • lonedesi
    01-15 04:54 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

    You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.





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  • abhis0
    09-18 07:13 PM
    got receipt today . 07/02 10:25am the famous J.Barrett .
    Guys, keep up, you will be fine and get it soon.

    Congrats Buddy.....Was your I140 approved from TSC?





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  • Anders �stberg
    March 4th, 2004, 02:07 AM
    I don't think the spiral staircase shot ever gets old. Each one has its own characteristics and the varied tones and depths always make for interesting B&W shots. I'm sure it's a rare day that an office stairwell makes a good color shot. ;) I vote that you work the shot from every angle and show us what you came up with.
    Gary

    There's a least three different views, this one is from the top floor where the railing is different (no continuation upwards) from all other floors, and there's one possible view looking up from the bottom floor as well. I'll see what I can do... :)





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  • amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.



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  • dealsnet
    01-13 03:22 PM
    Just pray. Nothing can be done. If they find out, you are in trouble (cancel H1B and out). If they didn't find out, you are ok.





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  • gchope2k6
    04-27 01:54 PM
    Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).



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  • CRAZYMONK
    09-24 02:37 PM
    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.

    There you are. I am pretty sure that the reason for your RFE is your travel.

    Every thing should be fine if you just send your medicals again.

    Any way all the best.





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  • desi3933
    09-10 10:34 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?


    As you have I-140 pending (from Employer A), you are eligible for 1 year H1-B with any employer.

    Please check with your attorney.

    ____________________________________
    Proud Indian-American and Legal Immigrant



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  • smartboy75
    11-06 05:57 PM
    Who issued the checks ?? Was it you or your employer ?





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  • anilsal
    07-11 11:26 PM
    this is the next best idea.

    In just week, the flower campaign was a success from idea inception.

    Guys, make this Arnie campaign a grand success.

    Please ask him to "Terminate" Retrogression!



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  • LostInGCProcess
    02-11 03:37 PM
    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?

    :D That's funny!!! Man!!! I couldn't stop my laughter after reading this post.

    Take it easy guys!!! :D





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  • ksircar
    06-21 06:16 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    Nice reply considering the language of the original posting.



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  • ravi_hyd
    10-30 12:06 PM
    .





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  • Ann Ruben
    02-23 10:58 PM
    There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.



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  • msgoud
    03-08 03:29 PM
    thanks all for suggestions
    His company is filing for LCA today and will see where it takes





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  • saurav_4096
    03-14 11:22 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

    Hi nfinity,
    I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
    1. mumbai consultate,
    2. POE
    3. If you have any additional tips.

    Thanks
    Saurav



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  • gconmymind
    01-15 04:02 PM
    8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!

    Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
    You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...





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  • Radhika
    07-01 02:56 PM
    I am also ready to join in the lawsuit.
    I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow





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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





    mavrick
    06-02 05:38 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.





    slowwin
    07-09 11:48 AM
    Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. .

    It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D



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