Thursday, June 16, 2011

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  • Sachin_Stock
    02-02 07:06 PM
    Content removed.





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  • diptam
    02-24 04:30 PM
    The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.

    But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.

    The choice is yours !

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.





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  • go_guy123
    08-18 12:51 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..

    WH-4 Form is meant for complaining against employer.
    Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
    after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
    file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
    company(bodyshopper).





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  • ram_nara303
    01-08 01:53 PM
    I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
    :)



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  • ItIsNotFunny
    11-18 06:03 PM
    I hope so.

    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D





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  • sgorla
    04-13 05:45 PM
    You are right.

    Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?



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  • Lasantha
    02-20 01:53 PM
    If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?

    But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.

    Also be ready for RFEs.

    I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters





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  • shahrooz
    02-10 10:50 PM
    I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?



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  • Nicki Minaj vs Lil Kim Rap



  • prem_goel
    07-22 03:56 PM
    IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.

    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?





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  • mmk123
    07-29 01:18 PM
    Thanks! It's just a modest attempt to entertain outselves with humor in these hard times.
    Actually thanks to these articles and comments on BW and other forums - they are inspiration to write something witty and funny!

    - M



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  • Nikki Minaj or Lil Kim?



  • amitjoey
    01-04 04:10 PM
    I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
    Hopefully all these new memebers will be active participants and donors.

    Thanks for your quote, just the same thought on my mind.





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  • cvk90
    06-24 10:33 AM
    I asked this specific question to my lawyers..Its not true that you are OK as long as you file by July 31st...The dates can retrogress for month of July and then you won't be able to file application after that date. (e.g. after 15 July 07)...I am not an attorney myself but this is what was specifically told first hand to me.



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  • Lihkin
    02-26 04:27 PM
    Hi guys. Sledge- I think she clearly says (in caps) that her PP does NOT have CWOP stamp. Hence she is asking for help. :)


    Cheers,


    Nik





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  • perm2gc
    08-24 05:21 PM
    A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

    What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

    Incidentally, How many applications are there in the backlog processing center by priority year ? Check USCIS about the labour substitution and if they find that you are no fit then they may deport you... 500,000 people are in line and your post says you might be new one who wants to get in the middle of the line..CareFul Watch Out



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  • ysnraju
    05-15 10:28 PM
    In person. They are very cool. Simple questions like when you last used or remeber etc..





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  • mrajatish
    09-13 03:23 PM
    Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.



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  • meet
    08-18 11:33 PM
    Thanks @
    vishwak and ashwaghoshk !!!





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  • prstudio
    04-28 09:54 PM
    i liked iron's treads





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  • bajjuri77
    05-15 10:12 PM
    I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.





    validIV
    03-20 05:25 PM
    This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.





    HumHongeKamiyab
    12-17 09:03 AM
    I have met Rahul reddy for my immigration related work. The lawyer I am looking for is to discuss my "non-compete" agreement. So I am looking for an employment related attorney and not an immigration attorney. Thank you very much for your response. Regards,http://www.rvreddy.com/



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