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  • mohitb272
    12-10 07:17 PM
    in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...

    Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.





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  • ssbaruah@yahoo.com
    04-29 09:07 PM
    Thanks you very much for your reply.

    I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:

    If any company interest to transfer my H1B, how it will work for me ?





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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..





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  • jchan
    08-01 11:52 AM
    I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.


    Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
    Either way, it's great news.
    And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.



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  • Michael chertoff
    08-19 10:16 AM
    Admin/Moderators and other distinguish members,
    Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
    This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
    1. Say people in finance sector meet and exchange thoughts
    2. Religious in nature but will not be solicitation.
    3. General meeting etc...
    What do people in this forum think?
    Thanks
    Sanjeev

    Add Matrimonial too..only for H1b, F1B and any body without GC...





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  • makemygc
    08-03 10:36 PM
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

    Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....

    Just curious..how do you get this press release...its not yet up on their site.



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  • sbmallik
    06-09 03:33 PM
    You can try in Canada / Mexico / Bahamas.





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  • Abhinaym
    05-14 09:28 AM
    My H1 sponsor informed me that the check he submitted along with my application on Wednesday 5/7 - Non-masters non-premium processing:)

    Even my friend's application check seems to have been deposited by USCIS, does that mean that the case is selected in the lottery? (Or is there any other scenario?).

    Thanks in advance to anyone who can throw some light on this.

    Update:

    I just verified that there is a receipt number on the back of the check, so that's the EAC/WAC number!



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  • WeShallOvercome
    07-31 12:41 PM
    I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

    Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.


    You are right but the same condition exists for filing I-485.
    If they allowed you to file I-485, that means they will consider everything else in the same spirit... I'm pretty sure those children will not age out!





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  • rdehar
    07-20 12:26 PM
    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!



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  • kriskris
    04-17 12:29 PM
    As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
    Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?





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  • MSCapBust
    07-25 09:54 PM
    Thanks you all for replying.

    I have 2 clarifications:

    1. Am I allowed to begin work only on 1st Oct 2006?
    If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.

    2. I did NOT get my H1-B stamped on my passport (back in 2002).
    Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?

    I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
    Thanks very much once again.
    Slightly more relieved.



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  • PHANI_TAVVALA
    12-06 09:15 AM
    This is equivalent to $155,000/year. Indian companies like to report CTC (cost to company/compensation) rather than gross salary. So $155k CTC doesnot sound out of normal range salary ($90K gross +relocation+1 time sign-on+benefits (401k,medical, dental, bonus etc)) for someone working for a big tech firm in California.





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  • h1-b forever
    07-16 09:58 AM
    It will be very nice if anyone of you can help to my post.
    "father FirstName and lastName reverse"

    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.



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  • vdlrao
    04-08 02:25 PM
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

    Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.





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  • kannan
    07-21 02:07 PM
    My 485 details

    PD Nov 2005 EB 2 India Ported from Previous employer
    Applied date July 2007
    ND aug 23
    Ist I 140 approved jan 2006 --( This got the below message)
    2nd I 140 approved Mar 2007



    Today I got a CRIS mail ,that my already approved I 140 got a status

    Current Status: Case Transfered to Another Office for Processing.
    On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.


    This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
    Do I have to worry because this is my previous company I-140.



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  • bsbawa10
    09-06 03:50 PM
    USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.

    USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.





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  • GabonpharmD
    04-16 12:00 PM
    See my answers in red

    Thank you so much for your details answers. Thank you!!!!!!!

    I will be filing with the company lawyers. I guess the company is wiling to hold me only to the minimum requirement of 90 days after becoming full time, before filing for GC because I've been working for them since last year. My company liaison between the employees and the company lawyers is the one who told me to just buzz him when I am ready after the 90 days full time and he will give the lawyers the green light to go ahead with GC.





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  • jonty_11
    07-11 03:07 PM
    as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...





    eb2_immigrant
    09-16 02:35 PM
    I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.

    Do not wait for USCIS to make decisions.





    surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status



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