Wednesday, June 8, 2011

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  • dixie
    12-01 11:19 AM
    It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)

    That pretty much covers our current situation :( ... EB immigration is driven by corporate interest and obviously it is geared to benefit them to the maximum extent possible.





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  • willigetagc
    08-13 01:57 AM
    another distraction for the officers? already they are eagerly waiting for the visa bulletin (just like all of us) to decide on future course of work... :D

    Now they might all just forget work, come out and dance to the marathi number... :eek:





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  • kartikiran
    02-18 12:29 PM
    If you can you should move up to EB2.

    Even if it is file your spouse's I-485, what moving up means is you both can be free out of this mess.

    There is no guarantee with PD dates for EB3-India moving to Dec 2001. It has not touched that date ever since retrogression was introduced. Go figure. BTW, USCIS still thinks there are thousands and thousands of apps filed before Dec 2001.

    Best of luck.

    The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?





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  • The7zen
    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.



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  • HRPRO
    02-09 03:15 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Roseball,

    I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

    HRPRO





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  • senocular
    07-21 01:20 PM
    I think you'll see more overhead in rendering from Silverlight since they spend a little more time in rendering making for cleaner shapes, even compared to Flash. Code-wise, Silverlight has the upperhand when it comes to performance - in most cases. Flash can keep up and beat it in many situations, but at the lower levels, Silverlight (C#) is just a beast. (I think as of beta 1, I know Silverlight suffered with some string operations, but they should be able to tighten that up before final release.)



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  • forgerator
    03-04 04:58 PM
    Friend of mine, came to the US in 2004 to do MS in Computer Science, graduated in 2005, got a job at Microsoft, applied greencard EB2 and got greened in 2006.

    Life is so unfair. but anyway congratulations!





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  • inskrish
    09-01 02:14 AM
    Thanks man. I see that there is a different thread going on RFEs on I-485.

    Great! Thanks. I hope your case gets cleared as soon as possible.



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  • indyanguy
    06-30 09:33 AM
    I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.

    According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.

    I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.





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  • pcs
    11-11 08:59 AM
    Great job Bud.... Use local forums to spread the message...



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  • karthkc
    03-18 01:38 PM
    what is GC sponser? ABC company couldnt find a project for me. So i am on bench.

    GC Sponsor is the employer who has started your Green Card process...

    How did you get your EAD?





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  • meridiani.planum
    06-29 03:27 PM
    inline...

    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.

    No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.

    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?

    If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)

    3. Can I file for a new PERM at that time and get an extension based on that?

    Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)

    4. Do I need to refile I-485?

    If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.



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  • mbartosik
    03-11 09:42 PM
    Here are a bunch of links showing abuse of some of us H1Bs.

    In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.

    http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
    http://www.indianexpress.com/full_story.php?content_id=87970
    http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
    http://economictimes.indiatimes.com/opinions/1415985.cms

    Sounds to me like a case of criminal fraud by Tata.





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  • mmk123
    02-19 06:40 AM
    No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.

    if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..

    hope this helps, good luck.



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  • extofu
    03-07 11:06 AM
    You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).

    I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.

    My current H1 stamp is for company A.

    Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.





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  • hpandey
    01-24 12:34 PM
    Maybe your lawyer should jump into the well or go back to school ;)



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  • anukcs
    07-18 12:51 PM
    I received below email from NPR's Jennifer Ludden who had covered July 2nd issue for us. She wants to talk to somebody who was affected and she is aware that the issue is now resolved. I was not affected since my PD became current in june and my application was reached CIS in june itself. Anybody willing to talk to her, please call her.

    Thanks,

    EMAIL FROM JENNIFER LUDDEN BELOW
    =============================
    Thanks for your note about my piece on the green card mess. Now that DHS has reversed itself again I am doing a short follow up for tonight�s program. Were you affected, and would you be willing to speak with me? I need to do this very soon as the show goes on the air in a few hours�


    I can call you, or my number is 202 513 2256.



    Many thanks,


    Jennifer Ludden





    Jennifer Ludden

    npr

    635 Massachusetts Ave., NW
    Washington, DC 20001

    (202) 513-2256





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  • sukhyani
    03-05 12:32 PM
    Rest of the World.

    The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.

    We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).

    'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)

    Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.





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  • kcindian
    05-29 12:12 PM
    This is good information. Thanks for sharing.





    suaralph
    10-22 09:50 PM
    I guess all the EB2 june filers might get approvals rather than EB3 June..right??

    Has anyone in the EB3 category (june 2007 filers) got any approvals??


    Cheers!!

    I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.

    My details:

    PD= 03/2005
    I-140: Approved
    RD: June 26, 2007
    FP: Sept.8, 2007
    EAD: approved in 44 days





    nozerd
    09-14 12:47 PM
    When is the next lawyers call ? I wanted to ask a question but cant find any details. Please inform.

    Thanks



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