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  • snhn
    09-14 03:40 PM
    You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.

    Thanks!





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  • venkygct
    09-03 03:38 PM
    ^^^^^^^





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  • seahawks
    03-30 01:47 AM
    I am trying to get more people from WA state to join me in meeting with lawmakers. My wife has posted more information in some communities and intend s to post more.

    http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4

    I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.





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  • venky08
    12-30 05:24 AM
    i think gc_maine2 has a valid question...especially if you use H1 transfer (6-9 years) for the new employer and not EAD

    i am very curious myself to see how this will work out...any personal opinions please???

    very smart question by the way gc_maine2...:cool:

    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree



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  • maine_gc
    08-22 02:04 PM
    Unless there is a change in immigration laws it will be very true that you cannot apply for 485 in the next 5 years. To make something happen it is very important to attend DC Rally.

    So folks who are reading this, notice the importance of the Rally and your presence at the rally.

    I am really surprised. Why would it EB3 go back to 2001.
    I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:





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  • wellwishergc
    04-10 09:15 PM
    I understand!!! I was just kidding..:); I will call it a night.. It was a pleasure talking to you..

    Bye for now..

    Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.



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  • makemygc
    07-06 06:28 PM
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
    So far there is nothing broadcasted which seemed to be breaking news.





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  • jonty_11
    05-15 11:35 AM
    I have been calling my state and other states too as I get time. I will do that for this Bill as well.

    I think this one is critical in that it will get many folks out of the picture/queue.



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  • mbartosik
    01-26 10:31 PM
    The standard stuff line, I'd say is a frequent sign on foul intent.

    If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.

    If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.

    You could even write your definition of "training" on the contract before signing it.

    If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.

    If there is foul intent then you don't want to be working for him anyway.
    Maybe try speaking to any other employees on H or L visa by way of references.





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  • logiclife
    12-12 12:58 PM
    im waiting for the groans and moans

    You wont be disappointed.



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  • anshal
    12-30 08:13 PM
    R u serious? Is this really a serious question??? R u soooooooooo desperate to change ur employer that u cant wait for one more day? And that too a holiday...LOL joke of the day!!!
    31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?





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  • prabasiodia
    08-09 05:24 PM
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.



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  • boreal
    06-10 01:11 PM
    If they say that most of next year's quota is ready to be filled as well, then probably there are enough applicants from all categories/countries whose applications have been pre-adjudicated. Reading between the lines, this probably means that they will have to honor the country limit of 7% - since they obviously wont know about spill over, if any, in July 2010, now and the only reason they could have claimed that the quota is ready to be filled is only if they had known that there are enough applicants from all the countries. So 8000 overall for EB2I and 8000 overall for EB3I. I hope i am wrong.





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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005


    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

    I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?


    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.



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  • alisa
    03-24 10:52 AM
    Anyone from Wisconsin?
    Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin





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  • mundada
    11-19 02:03 PM
    Good idea.



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  • amitjoey
    11-03 06:40 PM
    Just venting out on IV Forum will not get us anywhere.

    Our lawmakers are unaware of the issues that affect us and it is really upto us (each one of us) to educate them.

    The most important thing that somebody can do for themselves is to take an appointment with your congresswo/man's office and talk to them. It is not that difficult. Just 1 hour of your time.





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  • JunRN
    08-22 11:22 PM
    Eb3 will definitely retrogress by about 2 years. Maybe back to June 2002 or 2003.





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  • easygoer
    12-03 11:52 AM
    I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.

    If your attorney is planning that way, he may not have handled such cases before... :eek:

    You cannot substitute degree with experience while applying for Perm/I140.
    WhiteStallion is right. I received ref on my EB2 due to combination of degrees. However, once filed with single degree as Master's it was approved





    asharda
    06-27 10:33 AM
    It seems from your previous thread posts... you didn't wait till June 30th to file your wife's application, you filed it on the 6th...

    don't preach what you can't follow yourself...

    I beg you please close this thread!!! the other's are not agreeing to you, they are just playing along to see how far you can take this crazy idea...

    pls get out of here and stop bothering people who are trying to get answers so they can get ready to file thier applications.





    Imm_Exploited
    07-28 01:36 AM
    I do not know about a 'receipting update' from USCIS, but they have certainly released the second FAQ regarding July '07 Bulletin today - July 27, 2007:

    http://www.uscis.gov/files/pressrelease/FAQ2.pdf

    Sincerely - IE



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