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  • Macaca
    01-31 04:52 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.

    Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.

    I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.

    It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.

    There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.





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  • Libra
    09-10 12:09 PM
    no, not those people, but my guess many people who are working for desi companies like me defenitely feel this way.
    SO LET'S GO TO DC.

    Are you saying that whoever is happy in their job without a GC is in a closet or jail?





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  • pappu
    12-13 12:50 PM
    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks





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  • ratiwari
    07-24 01:14 PM
    As far as I know my attorney wanted employment letter only for those whose I-140 approval did not come .With I-140 approved you don't need employment letter. I-140 deals basically with the status of employer.



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  • ksvreg
    04-09 11:32 AM
    That is the reason I mentioned before that we have to give heads up to employer's HR department about these scenarios and let them come up with correct wording for POEs questions. This could be new virus breakout and we need to find a cure or prevent it someway tactically until the strategy in place. Not sure I make much sense here. In a nutshell, we need to contact our HR and request them to anwer (HR has to answer like this: It is possible to hire citizen but can not be done immediately. Its a process and takes a while to do that and no guarantee that citizen can be found. Until that time business will be impacted badly.) POE officer in case if there are any such questions. Generic answer from HR misleads and misued at POE.





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  • feedfront
    09-21 04:55 PM
    My attorney's office received RFE mail today (Sept 21, 2010). RFE notice was sent on Sept 10, 2010.

    RFE was about deficiency in medical exam report. My doctor is in not USCIS list (he was in list July 2007). Well, I called him and he was busy. I will talk to him again.

    RFE is about:
    1) Provide med exam report from USCIS authorized Civil Surgeon, and
    2) Chest x-ray because TB was +ve

    I had provided both. I guess I'll have to redo. I've to reply by Oct 13, 2010.



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  • GC_ASP
    03-18 05:28 PM
    This is the post from Ron:

    I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:


    Quote:
    Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.

    I apologize for the confusion generated by my earlier remarks

    So whatever said in the visa bulletin makes sense.





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  • arsh007
    02-13 10:27 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.

    Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.

    You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".

    If you want to go thru all this, then yes, desi consulting firms would work for you.

    Granted that most desi companies follow the business practices described above. However there are some who are really professional, incorporate good business practices and ethics. However not every job or company is perfect. For example consider the following:

    1. Large US American Consulting companies (the so called direct vendors) treat you well, have less project travel, pay you on time, provide good benefits and have good business processes. However when the market goes south and you end up with no project for a prolonged period of time then a layoff is imminent. You loose the time invested in GC processing with the company and have to start from scratch. On the contrary a desi company is aware of the immigration dependencies and limitations of H1 holders and firing or layoff of an employee is the last item on their last.

    2. US Direct employer is pretty much the same as the direct vendors.

    The best option would be to check with friends and networking contacts about a particular desi company before joining. Another suggestion would be to research sites like www.desicrunch.com for additional information.



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  • crazyghoda
    01-30 01:14 PM
    What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?

    I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.





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  • file485
    12-22 09:40 AM
    lazycis..

    yes..the 485 was filed thru ex-employer based on future employment...

    so basically we submitted a future empl letter from ex-employer + the current employment letter with the current employer stating that I am working with the current employer with the same skills mentioned in the labor..

    the mess up was submitting the current empl.letter alongwith the G325a form which does not mention the current employer(which was prepared in June 07 before i found this job..)



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  • chennaigc
    09-17 08:57 PM
    Stock market is beaten in all the way...People who put money in the market and if they dont look their protofolios next day , their money completely wipes off irrespective of any branded stocks they own!!! Entire world is going down in that US economy is centric part.Even bill gates may become next minute beggar here!!!

    Indians who worked over here for long times from 8 to 10 years who earn in lakhs are worth less than a petty shop owner in india finacially. Because they put money in lawyers,travel,housing, stocks, bonds,401k which all become worthless.

    Our dreams for coming here are to earn good money . Earnt it but we lost it without even knowing we lost it !!!!





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  • pappu
    12-13 12:50 PM
    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks



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  • gvenkat
    10-16 10:50 AM
    At the risk of getting red dots. let me give my two cents. All the flower campaign and protests worked when USCIS did a screw up, this time around it's not USCIS thats screwing up it's the DOS that allocates the # of visas.

    No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.

    And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.

    Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.

    Until then enjoy what u have and have fun.. :D:D





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  • miapplicant
    09-11 11:00 AM
    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."

    Thanks. Given the various posts on this, I hope this is true true true...:p



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  • Ramba
    04-07 05:27 PM
    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.

    POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.

    Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.

    So all this is dino-dung. Stop wasting time at your desk and do something productive.

    Let the red-dots rain.

    As you mentioned it can be a rumor. Or, it may be a very rare isolated case. However, I would like to say few words for the inspection and admission process at POE. There may be a lot of regulation regarding denying admission at POE. Ultimatly, it is upto the IO at POE to follow it or not. One cannot argue (or complaint with the supervisor) with them in the long line at POE to ask them to follow the rules and regulations; or you do not have your lawyer standing next to you in the line. You do not have much option at POE. If they want to flex their muscles, they can do it and deny the admission to any one without proper reason. Even if you have a valid visa and other documents US admission is not always gurenteed. However, 99.9% it wont happen. If the unemployment rate continue like this, it will not be a unusual to hear these kind of stories. Bottom line is IO at POE and consular officers at embassy has tremondus power; it is not easy (or question their decision) to overcome their decision.





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  • gbarquero
    09-13 11:52 AM
    Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)

    I think this is very important, I asked in the past about it but I got no answer.
    It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?



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  • uma001
    07-29 05:15 AM
    Mod/Admins,

    please confirm whether we can post this type of information.This is to protect H1 guys from falling into trap from these companies





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  • cool_guy_onnet1
    02-20 03:29 PM
    Dude. I am *so* not Ron Gotcher. :)

    He was rushing and didn't give me any specifics for EB-3 India.

    Just don't exhaust this resource and keep it down low.


    Lets wait and watch- Go IV





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  • mps
    05-15 05:34 PM
    Here is a list of F50 CEO and which college they went to,

    http://www.time.com/time/nation/article/0,8599,1227055,00.html

    I see very few going to top 10 colleges.

    I'm doing my online MBA from Devry (Keller Graduate School of Management) and my spouse is doing it from UOP - at both the colleges professors are excellent, course material is good. Devry is more intense with midterm and final exams.





    meridiani.planum
    03-16 11:15 PM
    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????

    its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).

    If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.

    Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.





    supers789
    11-23 02:25 PM
    Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
    --------


    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer



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