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  • a_yaja
    01-16 11:44 AM
    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.

    The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.





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  • desi3933
    02-14 08:31 AM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    >> even 50 years
    Incorrect.

    Refer to my previous post on this.



    .





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  • amsgc
    01-23 12:08 AM
    The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
    However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
    Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.


    Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

    So of the two tortoises EB3 might move faster than EB2.

    Any comments ?





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  • vactorboy29
    02-19 06:59 PM
    Anybody?

    I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.



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  • Roger Binny
    07-17 01:36 AM
    Uff..dude your thread raised lot of curiosity.

    Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.

    Wish you good luck and i hope in few months we will get a better USCIS website.





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  • fall1998
    01-12 01:42 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)

    By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.

    Cheers!!!



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  • Saralayar
    01-30 01:16 PM
    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.

    How do you know the person who asked this question is Man or Woman?.
    You replied: Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your ......:confused:





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  • Ramba
    03-28 10:03 AM
    The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!

    ragz4u,
    I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.

    By the way is there any differnce between 202a3 and 202a5?



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  • WaitingForMyGC
    09-26 12:20 PM
    What's the difference between a catfish and a lawyer?

    One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.





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  • allen_1974
    01-23 01:39 AM
    Please get a project first. Now a days Consulate is asking for client information. Unless untill India visit is a must. Its not advisable to come here without any concrete information in US regarding client and all.

    Risk is 100%. So you can understand the situation. As long as you are in states the ball is in court. Think twice before taking this kind of step.

    Best wishes



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  • krishna_brc
    06-20 01:21 PM
    yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.

    Thank you very much.





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  • gbof
    01-30 11:32 AM
    So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.

    please, see your PM



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  • rajenk
    04-27 01:24 PM
    Sorry to hear that. That was really sad. Any ways past is past. Do the following.

    1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)

    2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.

    your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.

    Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.

    On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.

    PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.

    Good luck. Don't lose your heart, you should be back on track in no time.

    Cheers
    Raj





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  • veni001
    07-06 08:53 PM
    Looks like my attorney did not read 8 CFR completely before answering my question?:(

    Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
    The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).



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  • Vic
    10-11 05:14 PM
    Thank you all for the prompt responses here - this does show me some light at the end of the tunnel - hopefully its not a train coming down the tunnel towards me :)

    Monkeyman - I had sent you a private message regarding the format of the letter that you had used - would it be possible for you to share that letter with me (if you are comfortable doing so).......since I know that it has worked for you.





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  • mariner5555
    01-08 01:55 PM
    well but one day or the other you have to change it. it is easy to change on SSN ..is it easy to change on EAD and 485 ?



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  • Sachin_Stock
    02-03 02:14 PM
    I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.

    if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!


    There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.

    Specially from the crappy source you had provided.





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  • neeidd
    09-19 03:28 PM
    Just wondering how did you get info from USCIS about your FP notice?
    Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?

    Could you please advice!

    Thanks





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  • casinoroyale
    06-25 08:37 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks

    nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.





    Britsabroad
    February 27th, 2004, 09:36 AM
    Sounds like traffic jams might be a good place to 'trap' (Another Royal Navy term)





    sertasheep
    08-26 10:09 AM
    Dear IV Members,

    We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.

    --------------------------------------------------------------------------
    You can find more information about Ms.Mehta Verma on her firm's website at

    http://www.nankin.com/mehtaverma.html

    Sonal J. Mehta Verma, Esq.
    Nankin & Verma PLLC
    11 North Washington Street
    Suite 360
    Rockville, MD 20850
    T: (240) 456-0000
    www.nankin.com

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    Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:

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    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.

    Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

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