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  • Gate_jj
    05-07 09:56 PM
    My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.


    Can you please explain the above ....

    I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.

    None of the explaination says this explicitly , does any one know something more in detail ..

    Thanks for all the help
    -j





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  • venky08
    08-15 04:39 PM
    thats provided
    a. their I-140 is approved
    b. fingerprinting is done.
    c. passed the fbi name check.
    d. their case made it to the hands of adjudicator who is taking a final look at it.

    it is difficult to finish all these in less than two months.
    but you may never know, there might be some lucky ones.
    just hope that we all are that lucky :)

    some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely





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  • abhijitp
    07-25 05:25 PM
    If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
    Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.





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  • desi3933
    02-01 08:03 AM
    Thank you very much for the response. I sent you a PM.

    Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?

    Thank you.

    >> Thank you very much for the response. I sent you a PM.
    I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • kondur_007
    06-08 06:03 PM
    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.





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  • kumar1
    12-10 02:02 PM
    There used to be a guy called VLDRAO.....self proclaimed DOS visa bulletin expert. Where is he these days? I would love to hear from him.


    VLDRAO......save us!!!!!



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  • mbawa2574
    10-20 07:21 PM
    You all have to look at this strategically. We all know at this stage of the election that Obama will likely win. We also know that congress is currently controlled by Democrats. If we have both congress and white house being controlled by democrats, then it is likely that we will have more things accomplished than if we have one party holding to one and another party holding to the other.

    Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.

    So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf

    What say you??

    Though I find a better friend in John McCain for our cause. Still I agree with you that It will be good if the same party controls the congress and has president.
    Bills will have better chance of passing that way and our issues may get addressed. On Obama- He is in bed with Durban on employment based immigration. I have no hopes from him. Illegals will get green cards before us if Obama comes to power as it serves his redistribution of wealth formula and will be priority for him.
    I will be really amazed if he does something for us.

    McCain is friendly to legal immigrants, is for last low taxes and pro-business.

    So careless what a blue collar guy loaded with debt thinks about Mccain, do what is good for you and the country you live in.





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  • delax
    07-20 02:28 PM
    delax,

    There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
    If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
    I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
    Similarly for 2006 in the 2007 tables.

    Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.

    The data is organized by Govt Fiscal Year (Oct thru Sept) and by priority date not approval date. Thus anyone applying in Oct-Dec of 2005 will show up in the 2006 file.
    You will notice that the PERM receipt date is always between Oct of previous year and Sept of next year. I also think that the pre-PERM data is a little suspect. I am the only GC applicant from my company and my PD is July 2004, but my case does not show up in the 2004 file. I guess during the transfer from DOL to BEC's my case got lost in translation though I got an approval in Feb 2007.



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  • Roger Binny
    10-11 08:13 PM
    There are so many illegal immigrats working as lawn tenders, cleaners at stores....why doens't USCIS go after them? They are easy to spot and can be found anywhere...why harrass students?

    USCIS perceives students are smart and sets standards by following rules than uneducated brothers.

    It's not harassing it has altogether different meaning, i too doesn't know when they first asked me, but one needs to keep cool and explain the reality it would work.

    I agree with other OP saying checking bio-metric is best than carrying these important documents around, all we know it need big budget.





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  • rajuram
    11-11 03:20 PM
    I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.

    Just show the real numbers to the media -

    Approx 0.5 million people (well educated with decent earnings)
    Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
    Potentially quarter of million buyers for houses, that is a lot!!

    I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.



    IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.

    Shall we start a funding drive? rajuram - can you lead it?



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  • CADude
    07-23 05:27 PM
    Will wait couple of weeks? worse come worse, will refile in Oct (by than USCIS will take some decision :))


    My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.





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  • akred
    01-21 12:30 PM
    My guess is that except for the early years (2001, maybe 2002), EB-2 timelines will be almost identical to EB-3.

    Supporting reasons are -

    1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.

    2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.

    Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.



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  • thirdworldman
    03-09 10:56 PM
    Oh yeah, I know my bench sucks.





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  • skark
    03-21 05:31 PM
    Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!

    Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...



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  • dressking
    09-28 10:00 AM
    While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.

    European Union is introducing a Blue Card that will allow you to work in any of the EU coountries

    Euro value is rising against dollar

    Opportunities will be on the rise with strengthening the currency.

    Lets run this thread for sharing views, opinions, experiences and anything related to the EU

    Maybe there are better laws there. But the people there are not fundamentally different. So I expect to have to face many of the same problems we are facing here. I have heard of a lot of anti-immigration sentiment and even laws in Europe.

    After all it is White Americans who emigrated from Europe who are the majority here. And we are facing the most fierce resistance from them here. What do you expect of those who are native, not immigrants or of immigrant decent.

    When they need you, they make it easy for you to move there to work for them. When they don't need you, they can kick you out or make life so miserable for you that you don't want to live there any more.

    Just think of what the Germans did to Jews in WWII. WWII seems like a distant memory to us. But "there is nothing new under the sun". People are still people. Their genes have not been significantly modified. They will still have the same thoughts and emotion. Only those who are better educated can be somewhat different. But educated people are never in control of their societies.

    I feel that the oppression from White Americans in America is enough for me to bare already. I don't want to risk moving into White people's native territory unless it is just temporary.





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  • abhijitp
    07-24 05:20 PM
    I have RN since i filed in June.
    I deleted my original post since you answered:-) thanks!

    This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.

    Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!



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  • waitingmygc
    04-09 06:00 PM
    In this visa bulletin there is reasonable movement in family category. So, its not fair to conclude USCIS is not working.





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  • ChainReaction
    08-09 08:17 AM
    I called the 800# today bec the TSC IO told me to check back after45 days and now I was told to wait for 90 days bec of the JulyAug backlog. After I conversed with the IO I told them what if the application is lost , should i be refiling my 485 , since the deadline is Aug17, so she transfered me to her super wiser and he looked for my name in the system and told me there is no update so far and he is placing an inquiry and that will take another 30 days and there is nothing else he can do in regards... And the wait of 30 or 90 days is way passed the Aug17th deadline.

    I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?

    There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?





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  • abhathakur
    03-08 11:30 PM
    The last time I managed to ping an admin assistant level person at the Records and Information Dissemination Section at FBI that is responsible for NNCP, she said the analysts were looking at the 2002/2003 files and this was when I called in November 2005 (No amount of cajoling or pleading or trickery would make her say a word beyond that, very intimidating the female!!!). I am not sure if the 2002/2003 was a reference to the receipt date or the priority date, my guess is it must have been the receipt date of the I-485 application.

    Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!

    Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!

    On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.





    bigboy007
    06-11 12:20 PM
    Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?

    So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
    Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.

    Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.





    optimist578
    01-31 03:16 PM
    My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.

    1. He did not get his W2. And the company is not responding to his queries for his W2
    2. He had to pay the tax on the amount which he did not received any money for 1.5 months

    I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.

    Thanks.

    IRS requires every employer to furnish W-2. Take a look at this:
    http://www.irs.gov/newsroom/article/0,,id=106470,00.html



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