Thứ Bảy, 25 tháng 6, 2011

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  • veni001
    01-17 05:14 PM
    hey

    i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
    for your information both are masters candidates and are eb2 filed
    but his was file months before mine and he got audited
    mine is in the process of being filed

    not sure of whether this even matters and cases are indepedent
    but just wanted to know ahead of time if it calls for a sure denial

    thanks
    chehuan

    Chances for an audit are 95%:(




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  • Beemar
    10-04 09:04 PM
    Congratulations.

    Even I got approved on saturday. What's wrong in that?

    Enjoy green life now.

    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)




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  • pappu
    04-24 03:46 PM
    Congrats to everyone getting greencard approvals. The forward movement of dates has helped a lot of our members. let us hope they keep moving the dates forward and do not waste any visas this year.




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  • a_yaja
    06-22 10:04 AM
    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.

    You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.



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  • smisachu
    09-12 05:00 PM
    This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D

    Come to DC or we will send "Churi Chikkanna" after you...LOL




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  • mohitb272
    03-19 11:47 AM
    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.



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  • LostInGCProcess
    10-16 05:13 PM
    One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance

    Do the right thing. Don't try to find a loophole.




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  • seahawks
    03-11 11:03 PM
    Take copies of your I-94 front and back and then submit them at the airport you board the international flight out of the US. When you come back, you will be filling in a new I-94 based on the latest H1/H4 date which you will show the border officer. (I am only stating this purely when your fly, I don't have experience by land)



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  • makemygc
    08-17 03:09 PM
    According to Murthy: http://www.mURTHY.COM
    The package should reach today. Not on monday even if the post mark is 16th.

    Even the Matthew OH mentioned that packet should reach today and if you are sending it to PO, it should be picked up today.




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  • gbof
    10-15 02:01 PM
    Anybody having experienced RFE after rfe.

    I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts



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  • meridiani.planum
    07-18 11:39 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

    yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
    However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.




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  • ivar
    09-09 12:16 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?



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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.




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  • sr225
    05-15 11:18 AM
    Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all

    My qualifications are

    Bachelors in engineering - 4 years
    Masters in computer science - 2 years in US

    Experience of 6 years in software dev

    My job requires BS+5 years only , Masters in not a requirement.

    Can I file in EB2 ...could you please elaborate your experience in eb2 .



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  • sunny1000
    01-01 06:16 PM
    Dear fellow IV'ians,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.

    congrats! Wish you and all IVans a very Happy 2009!




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  • ashneels2001
    10-16 08:18 PM
    Rajiv,

    Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

    Good Luck

    Ashish!



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  • sundarpn
    08-03 10:23 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)




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  • setpit_gc
    05-28 12:10 AM
    Tsc




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  • jamesingham
    06-22 04:20 PM
    Mine is the same company that applied for EB2 in the first place




    desi3933
    08-05 04:41 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    Do you have 3 year degree? If so, getting into EB-2 is going to be little tough.

    Good Luck.




    indyanguy
    01-30 01:03 PM
    My EB2 labor was filled (different company) as Software Engineer (Level III)
    When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
    15-1032.00 - Computer Software Engineers, Systems Software

    Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?



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