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  • Did you confirm whether they received your RFE? You can go to Infopass and also talk to second level IO just to make sure that they received your RFE.



    any one else.. who got any update after filling RFE?

    I got soft LUD on Oct 12.... nothing after that :confused:





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  • I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.

    LOL. Come on man. No need to seriously justify so much! Looking at it, straightway anyone can make out that it was made to be a joke!





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  • When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.


    How can we contact with Department of State about this rule. Can we meet with rule making department or its officers and see what they say about it ??
    There should be someway or they are enough rights to change or make new rule. Like they decide everymonth visa numbers ?? what do you guys think ??

    thx.





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  • In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.


    I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving





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  • I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.

    May I ask, do you happen to have out of state licence plate?

    Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.





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  • Yes as long as you have an approved I-140 you can continue to extend H1B beyond 6 years.
    The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:

    1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)

    2. Is your H1B status depend on the I-140 on which the extension is granted ?

    So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".


    What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.





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  • Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .

    As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.

    Tone yourself down before you point fingers elsewhere. GC is not your birth right.

    As an IV member so you should have spoken out IV cause. If you had personal issues, you should seek personal appointment with the congressman and meet him. Do not use IV forum and IV political capital on furthering your own agenda.

    If you want to go back to your country. Go back. If you want to do hunger strike do it. No body is stopping you. But do it on your own and not ruin our greencard chances. Greencard is not important to you, but it is important to us.

    If you think Harvard and Stanfords are dying to have you as a student and totally back you in your mission, then you should use their forums and offiices to further your agenda and not IV's.

    If you want to preach free speech, then please go and give this lecture to your Harvard and Stanford'd Deans and have them all listen to you.





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  • This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?





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  • satysh very well written, but unfortunately i dont think it will make any difference on bigots over at numbers and other anti immigrant sites





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  • Has anyone called the Senator's office yet to schedule an appt. If not, then I will go ahead and call. I am planning to call the NY senators too

    Thanks,
    Varsha





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  • I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • Pappu,

    Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.

    Thanks,
    Rayoflight

    The mail will only be sent to your US Senators from your state.





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  • For whatever reason, rumors are flying all over the Internet that the end of H1B and EAD employment authorization is at hand. This is complete nonsense. The purported basis for these rumors is an amendment offered in the Senate (S. Amdt. 4319) to a tax bill previously passed by the House (HR 4213). As written, this proposal would prohibit companies from filing H1B petitions if the company has laid off any employees in the last year. It would also void all existing H petitions for a company if the company lays off personnel.

    Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.

    Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .

    It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.





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  • I was one of the first few folks who moved on, immediately after the yates memo. I am a lot better now and making 2 times what I used to make and also switched to ebb2 as oppossed to eb3 in my old company where situations have never been good.





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  • I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you





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  • Please note:PERM Audit very aggressive with EB2 since last couple of months. Just to keep in mind

    Till how long can they audit the PERM once it's approved? Just curious.





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  • Sent the e-mails to my senators.. Will update if there is any response back from the Senators. Thanks to IV for providing the simplified form!





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  • http://finance.groups.yahoo.com/group/H1_Visa_Info/messages





    I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because

    a) There is no mandatory law that states that we should do it.
    b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
    c) Lawyer is asking for $1500 for doing nothing on this.
    d) I am prepared to deal with the RFE if it comes thru.

    All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.

    What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?





    Would you mind asking source/link for "another 13,000 shifted over"?

    As per this link - family based numbers were totally used up for FY2008
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105 against 226,000 available.



    I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?



    ______________________
    Not a legal advice.

    How difficult is it for you to understand. I did not advice. I just said this is the info...
    I was not judging anyone. I do not claim to know all the numbers. So i just put it out there for someone to look and evaluate. Now many are saying based on the numbers, there was no spillover wasted. That is fine.



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