Tuesday, June 14, 2011

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  • gc28262
    04-08 06:27 AM
    Looking at this issue, isnt' it USCIS who is at fault here ?
    How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?

    This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.




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  • GrndMasterFlash
    03-26 09:34 AM
    i can haz added plzzzz

    http://www.kirupa.com/forum/showthread.php?t=323032




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  • samrat_bhargava_vihari
    06-25 03:50 PM
    Why he sent before date?

    Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
    or USCIS will process application with the date 485 application received?
    or i am missing something over here.

    Thanks

    They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
    CASE A with PD 2003
    CASE B with PD 2005
    CASE C with PD 2007
    Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
    Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
    then CASE A will be approved because A process is complete and PD is current
    CASE B will be pending waiting to clear name check though the PD is current
    Once name check done and PD is current this will approve.
    CASE C will not be approved though processing is complete PD is not current
    once PD become current CASE C will approve.


    This is just example to explain how it works.




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  • yalavarthi_sree
    08-18 03:26 PM
    In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
    valid till Sep 2011.
    But she was not able to start working/ find a job due to family reasons and economy conditions.

    1. Whether she Out of status since she did not work on her H1?
    2. If she starts working now for the employer can she get back the status?
    3. What are the ways for her get back to H4 if she not going work?
    4. How we can correct her status?



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  • eb3_2004
    11-09 12:57 PM
    I finished this survey!!!




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  • kranti_veer
    08-13 01:52 AM
    looks like vldrao got his GC and took a hike ;)

    Yea...expect to have Vldrao back after the visa bulletin is out.

    Where is mr. rao?



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  • jonty_11
    11-02 10:18 AM
    It depends what you wrote down in your labor application. You can mention that job is consulting and clients are all over Continental US. I am sure you employer must not have told you that and didnt apply that way. Typical of consulting firms, so taht they can get you to pay another labor..which they can use for substitution.
    So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.




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  • leoindiano
    03-17 12:50 PM
    I agree, I wanted to take everybodys perspective on my guess. Also, 2004 is the only year which can be predictable, after that everything went haywire for EB2.



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  • maalelsi
    02-22 09:46 PM
    I went to web site and it still shows Jan processing dates.
    How is it possible?




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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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  • Ennada
    09-13 12:25 PM
    EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.

    As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.

    "hate the game, don't hate the playa....Chris Rock" is appropriate here.

    Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.

    We are all in this together. We all need to stay together.




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  • reddyram
    07-18 12:46 PM
    First of consult some American Lawyer who is close to labor law , because even lawyers act at times with some point of interest , which need not be yours . There is no such thing as a "bond" in US ( Unless you are on L1 ) so to BOMK , you are fine.



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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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  • snathan
    04-13 09:29 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?

    You can take any position anywhere with anyone...H1B is only if you want to work in the US



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  • pawnrule
    01-15 03:05 PM
    1) General test.

    2) Best thing is not to ask them to send results. Just get an extra copy for yourself and mail it to Buffalo. No specific officer just write on the address

    TO
    File # B4567890
    Immigration section
    Consulate General of Canada


    Best of luck


    Nozerd - Thanks for your help/response.




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  • fide_champ
    06-25 08:41 AM
    As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.

    I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?



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  • ChainReaction
    02-21 12:15 PM
    https://egov.immigration.gov/cris/jsps/ptimes.jsp

    that is for last month updated jan 17,2007 not for feb?




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  • swamy
    10-27 12:54 PM
    Sen Kennedy is the reason every one of us could come even be here in the US today. Please read up on some history of legal immigration - especially the one that dismantled racial barriers. The senator might not share your focus or sense of urgency in solving EB issues first and may be more passionate about the illegal issue but that does not mean he's any less interested in legal issues or make him 'exclusively' an advocate for undocumented. Dont unnecessarily diminish anyone who is your friend - once again, go back and read up on the history of immigration especially around the 60's.




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  • nandakumar
    09-07 01:50 PM
    I emailed my details.




    gc_wannabe
    06-17 09:12 PM
    TOTALLY unknown...

    No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.

    So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.

    Cheers

    ArkBird

    Thank you.




    Beta_mle
    02-19 09:04 PM
    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.



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