Thứ Năm, 9 tháng 6, 2011

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  • guyfromsg
    07-10 09:43 PM
    My observation... based on i140 application

    My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC

    There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water

    Last name starting with A, C, E, G, I, K..... transfered to TSC
    Last name starting with B, D, F, H, J, L..... stayed at NSC

    any comments? again this is only based on my observation on a very small # of cases

    and the 140 was transferred to TSC.




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  • xiaomatu
    06-05 04:33 PM
    My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Document mailed to applicant.

    On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.




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  • bestin
    12-21 08:55 PM
    Thanks, Bestin.

    I have another question. If my I-140 is approved in next few days, how the status will change?

    Thanks in advance
    Ur status doesnt change unless u use your EAD.Again this is AFAIK




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  • manderson
    05-21 02:10 PM
    ...only problem is they care only about H1:

    US-India visa row overshadows Doha talks

    By Alan Beattie in London and Jo Johnson in New Delhi
    Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23

    Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
    Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.

    But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
    Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
    Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
    In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
    �Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
    So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
    A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
    Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
    The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
    Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.



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  • raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj




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  • EkAurAaya
    07-10 09:57 PM
    may be they just throw files around... too many on my desk, move 'em to TSC :D



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  • agc2005
    10-26 11:02 AM
    July 2nd filer, checks cashed on 10/16, still online status not available.




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  • husamymd
    12-30 01:58 PM
    Let me put my 2 cents worth. I am one of the members who would be able to contribute $500. Not sure if I can do it on a recurring basis. But you guys wanted to identify the initial group and here I am. Hope that helps



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  • kittu07in
    08-27 03:20 PM
    [.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]

    My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
    Is she safe even my visa (H1B) expired on 4th Sept.
    If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
    So....what happens to her status? Is she valid to stay until she gets F1 approval notice?

    ~Thanks in advance




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  • phigi
    08-19 03:33 AM
    that got me back my rights to Post messages. thanks Kannan



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  • perm2gc
    06-16 09:29 PM
    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    What will be my status till Oct 1st from the day my H1 is approved?
    You H1 will aproved from oct 1st only.until that time you will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
    You attorney might have applied while applying your H!.Contact your attorney.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
    You can apply and don't expect that your EAD will come before H1.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
    No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    I20.can you explain in detail

    Please help me out.

    Thanks
    Please talk to your attorney.My views are personal.




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  • little_willy
    05-02 09:41 PM
    Little_willy,
    How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
    Thanks

    Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.



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  • PlainSpeak
    02-23 09:00 AM
    To bring more details to my question:

    a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
    I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
    Morever my new employer will not provide me a Ac21 portability matching my labor cert.
    My role responsibility is following as per labor cert.

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    Reponsibility:
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?

    Thankis in advance.

    The rule is that the job description should NOT change by more that 50 %. Though on the outside Lead Architect and Programmer/ Analyst/Systems, Software/Engineer/Developer look like they have different job description, you need a lawyer to tell you how much of a difference it is. My suggestion would be to shell out moeny and have a one time meeting with the lawyer to get his suggestion. Be prepared to have all talking point ready when you go to meet the lawyer




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  • tinuverma
    03-20 09:34 AM
    no idea..I am yet to transfer my license to OK. one bad experience that I had lately..I walked into IRS office to check on ITIN/SSN issue and I was not allowed to go inside. They said if I lived in OK I need to have an OK ID. No other state ID would be accepted. This is if you have moved here for more than 30 days.



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  • hope4gc
    04-26 07:05 AM
    I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.




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  • willwin
    08-11 10:42 AM
    thanks willwin

    Thank you for initiating this!

    I just followed your effort.



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  • srt57
    02-14 02:08 PM
    My PERM LC got approved recently(two weeks back). In my case its MS+0 years. My attorney says this will qualify for EB2. MY job title is Computer Software Engineer.

    Which center did you file PERM with and how long did it take to process? Any audits or business necessity documentation required?




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  • neeidd
    10-09 06:04 PM
    What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know


    Thanks




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  • bluez25
    08-11 03:01 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.




    imh1b
    07-30 12:15 PM
    Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.




    martinvisalaw
    01-11 02:31 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.



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