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  • Is there a chance India EB2 retrogresses to 2002 ?





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  • Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?





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  • How long has it been that you filed for I-140 ? Has it been approved yet.

    I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.





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  • My situation:

    I've been given offers by two companies, A and B.
    I am currently under my F1 student visa, OPT status, my OPT started at July 2010.

    Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.

    Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.

    My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.

    I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!





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  • The previous post reminds me of an idea for an "interpretive dance" from Whose Line... "Diarrhea, flows like a river." And may I ask... how much did you pay the webmaster to post that advertising? (pardon me and ignore this if the previous post is deleted).

    Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.





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  • I know it is basic question, but after reading the thread just got dought.

    I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?

    My details:-

    Worked employer for 4 years
    Labour substitution 2.5 years back
    I 140 approved 2 yrs back(06/2006)
    I1485 filed in July 2007

    Thanks,
    Ven





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  • Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
    trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.

    Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.

    Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).

    gop will not force piecemeal..... i heard that us chamber of commerce gives a lot of money to gop...... chamber of commerce wants cir..... they will oppose piecemeal if gop is in power.... maybe they already did oppose it the last time gop was in power......

    repeated failures will not weaken cir coalition..... as it seems the coalition is getting stronger.....

    my guess is after the election cycle is over..... they will do cir...... but there will be no piecemeal..... the sooner we understand this.... the better it will be for us.... & for those of us who wants to leave..... try taking the flight over the pacific becoz flights r not going out of europe for now....





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  • Nothing new in this, this is the same Grassley's TARP H-1B amendment thats been on for so long. Its just been released officially by the USCIS now





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  • thank you friend





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  • Others can correct me, if I'm interpreting it wrong. A try...

    An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.

    It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations





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  • 1) Since she doesn't have any paystub/w2, is it possible to do COS?
    She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
    2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
    The employer's attorney will tell her what documents she needs to probe her current status.
    3) How long does it take to complete the COS if done by PP.
    PP guarantees a response in 15 calendar days
    4) How much risk does this case carry/what are the issues she could face?
    What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.





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  • Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?





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  • Did someone face this situation recently? I am really concerned about my case.





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  • Congrats!

    It�s good have a GC in this very bad economy.

    Erase the H1 worries and enjoy your green.





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  • I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.





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  • Another option here -

    I was on H1B for about 4 years and after that on L1A via a COS for the last 1 year. (total 5 years). Currently I am on L1A with company A.

    If my future employer B files for my H1B I don't have to go thru the cap/quota since I already was on an H1. I assume this is correct.

    - So till the time my H1B is approved can I still be with employer A on L1A visa?
    - Will moving to H1B with company B be my choice (of when I want to resign from company A and move to B) or will I be forced to join company B as soon as my H1B is approved?
    - Parallel to the above company B files my GC.

    Can this be done?

    Thanks for all the help.





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  • thanks for your input. But tell me if you have taken photos at CVS and your experience with quality of photos from that store.

    Go to local CVS store





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  • Hmm..I see lot of approvals in today.I know atleast 5 people who got approved today (India Eb2 and Eb3's).Atleast it is moving for somebody.





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  • There is no such thing as duplicate EAD. Everytime the EAD is lost, USCIS issues a new EAD with new dates of approval and expiry i.e. they treat it as renwal. If you are not using EAD, don't bother to apply for one. It costs around $300+(i am not sure on this) and needs to be renewed every year.





    Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.

    Good luck.;)

    Just curious. Who's the author/source of that article that you provided the link for? :)





    Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.

    Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?

    Thanks!

    It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
    The docs themselves are available to AILA members only but you can see the topics discussed.

    So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.

    Recapture and other major changes to the law are likely handled by other committees at AILA.



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