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  • mps
    07-08 02:11 PM
    I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.

    I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.


    One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.





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  • Omm
    11-14 08:50 PM
    I read in murthy.com that asking money for H1 b is illigal. below is the link for more info

    http://murthy.com/news/n_hfraud.html

    Fraud vs. Technical Violations

    For purposes of the BFCA, fraud is defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, essentially, are errors, omissions, and failures to comply that are not within the fraud definition.
    �MurthyDotCom
    Examples of items that were categorized as technical violations include instances of employers requiring H1B workers to pay filing fees that are designated by regulation to be the obligation of the employer, as well as the deduction of other H1B-related fees from employees' wages, and, thereby, reducing the wages of these H1B workers to levels below the LCA wage requirement. Other technical violations included general failure by employers to pay beneficiaries at least the prevailing wage for the occupations within their particular geographic locations as listed on the LCAs, employment of H1B workers in geographic locations not covered by valid LCAs, and the benching of H1B employees. The fact that these were characterized as technical violations does not mean that, if found to be intentional, they could not fall under the definition of fraud.





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  • smuggymba
    01-01 06:37 PM
    Thanks Almond... your post summarizes exactly how ppl in my position feel. one of my frds did MBA from top 20 B-school but could not change to a new job in management career becoz his I-140 approved but did not file for I-485 yet and worse yet he crossed 6 year H1b. now he is also living on 3 year h-1b extensions with approved I-140. when he was venting his frustration like me, one a$$hole (GC holder) suggested he move back to his home country. funny thing was this a$$hole got her GC becoz she married some bakra who already applied for GC. within 6 months after she arrived in US, her huby got them GCs. This dumb wothless piece of $hit doesnt know how hard (impossible ?) to get GC in this lifetime becoz she got it in 6 months :mad: .

    The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.

    Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.

    Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.





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  • stldude
    07-19 10:29 AM
    My signature says it all.. Service Center - NSC



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  • hopefulgc
    01-13 03:41 PM
    OMG... some imposter called Hrithik is trying to impose himself as paskal... god Save IV :D:D:D:D:D


    Isn't the new one cool enough. :D





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  • reddymjm
    12-11 09:00 PM
    Can be changed to community service.. not just roads.



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  • copsmart
    11-15 09:35 AM
    Hello Guys,
    I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.


    I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.

    Thnx

    If you are unhappy with this employer, you always have a choice of finding a different one, but there is no guarantee that the other one is also not a blood sucker. This situation will continue until you depend on the consulting companies (especially DESI) for your H1B and GC needs.

    The best option is to find a full time job with a reputed company and stick with them until your GC is completed or until you get to the point where you can use AC21, nowadays lot of companies are processing H1. Check the visa database to find the information regarding the employer you are interested in.

    Don�t just choose the employer based on the attracting benefits they offer. Conducting some due diligence will land you at the right company.

    BTW, what do you mean by �you have no liberty to find a job�? All you need is internet and a phone to talk to people.
    Lot of people including myself has been through this nightmare, believe me it�s not so difficult.

    Good Luck!





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  • sachuin23
    04-19 03:48 PM
    The best thing we can do is to support IV on their action items. The core is more informed about what would be best for the entire community.



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  • suresh_la
    03-26 02:12 PM
    Any one for the Guess
    Keep the hopes high :)





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  • shx
    04-21 03:59 PM
    GC people is closer to citizenship and closer to get this permission.

    Visa is not permanent.

    So what is it now? Since GC people are closer to getting citizenship, they deserve to bring their parents? Or, the parents of GC holders are more deserving to come to the US?

    You said those of us with bad parents don't need to comment. What happens to bad parents of citizens and very good parents of H1Bs? Where do they stand?

    Why do you think GC is permanent and a visa is not? There are people on this forum who have been on H1B 'visa' for more than 10 years and counting. We should at least let them bring their parents, don't you think? Or should they instead go back to India?

    Next time, I want you to think seriously about the issues I brought up and then post a reply. LOL. I feel like I'm talking to a kid.



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  • vrkgali
    02-08 01:38 PM
    When I applied for my labor , Even though , Ad is given for B.S and 7+ years of experience, My employer told me that My labor is applied on Eb3.

    After my labor was cleared, when applying for I-140 , we had to change the attorney.The new attorney applied I-140 in EB2 category.

    when I asked the new attorney about this , she informed me that , since I have got B.S and 10+ years of experience, I am eligible for EB2.

    since I did not get to see the Labor clearance certificate, I dont know on what basis Labor is cleared.

    Now I am confused whether I am in EB2 or EB3.





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  • ags123
    04-07 08:33 PM
    500 Eb1 numbers are unused
    500 numbers spills to Eb2
    There are no 100 Eb2 India cases and 50 Eb2 China cases and Eb2 ROW/phillipines/mexico is current
    Now Eb2 India+Eb2 china uses up 150 numbers and

    350 numbers spills to Eb3

    Now there are 1000 Eb3 India cases from 2001 to 2003
    Eb3 china,ROW etc there are 1000 cases fom 2003 onwards and none from 2001 to 2003

    As spill over needs to go by PD Eb3 India takes of the 350 numbers and may be moves by 1-2 months and Eb3 ROW doesnt get any because no older cases.

    DISCLAIMER: this is only illustrative and highly oversimplified, Actual scenario will have many many variables



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  • jthomas
    07-05 12:52 PM
    1. Click here (Loading deal page (http://www.deals2buy.com/r/52108345.htm)) to go to MyCorporation.com
    2. FREE Incorporation or LLC business formation until the end of the month (Gov. fees apply).
    3. At the Checkout Apply Free Business Formation Coupon code: MYGIFT (Exp 12/31/2008)
    4. Final Price : Free Business Formation + Gov. Fees


    If I choose the LLC option, is it recommended to opt for "Federal Tax ID / EIN" also?

    I have been to some SCORE seminars and they prefer to go to a qualified office and get the LLC made. On a average one spends aroud 1500 dollars to make a LLC/Co-operation. Initally start with a sole properitorship and later if the business picks up make a LLC





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  • pns27
    05-13 05:49 PM
    Why cant you guys understand, we have no right to demand.
    Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.

    Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
    But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?

    So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.

    As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.


    You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.

    �The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.

    The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?

    Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�

    We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.


    Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.


    PNS27
    PD: EB3 June 2002



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  • nixstor
    10-12 01:45 PM
    [QUOTE=nelsonagn]"So who ever were able to sneak in under that category, will get their GC."

    Not if they are the 50,001st they won't.

    -> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.

    Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.

    -> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.

    Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.

    -> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.

    How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.

    Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.

    -> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.

    USCIS will just as easily switch those left to another category when the 50K are used up.

    Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.

    -> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.

    That's what retrogression does: it takes I-485s already in the system and freezes them.

    -> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.

    So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?





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  • LostInGCProcess
    09-05 02:48 PM
    Most people has very misconception about "parole". It is not a free/flexible travel document like visa. As a AOS applicant, one should not leave US till it is approved/denied. One MUST present in US during AOS. The parole is only for any emergency purpose; which is similar to prisioners. As USCIS is flexible, in approving the AP, the people don't realize the travel limitation of AP. They are travelling on AP for vatation/fun etc.. As per law, the AP is not intended for it. The CBP officer was right in asking the legitimacy of the travel. The AP document clearly says it is based on "humanitation" admission to retrun after an emergency travel.

    Technically, you are right. But on the other hand, it was at a time when one had to wait at the most 6 months for AOS.
    But, for people from India, on EB categories, the wait is not months, its in YEARS. So, its irrational to go by whats written there.

    On the other hand: I think we must request USCIS to recognize this underlying problem with EB folks that are primarily from India. They must print an exception on the AP for India and exclude the wording "for emergency purpose only". I don't know if USCIS has the discretionary power to amend minor changes.



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  • fcres
    06-18 11:39 PM
    One does NOT need EAD to use AC21. I don't understand the panic.

    In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.

    ----------------------------------
    Permanent Resident since May 2002

    If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

    I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?





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  • coopheal
    07-19 11:15 AM
    EB3/FEDEX delivered on 02-Jul-07





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  • ashishgour
    05-28 06:02 PM
    My humble disagreement here...

    Even though the hearing has been scheduled for the bill S 424, the hearings are not tightly linked to a specific bill. Hearings are a means to collect the data related to the issue at hand. The hearing results can be used to a wide range of related bills. S 1085 is a very similar bill and the emphasis of this bill is also reuniting families. During markup of whichever bill they pickup, they can amend the new pieces of the other bill.

    If it is a markup, then, it is tightly linked to the bill.

    So, definitely the party remains in good standing :)

    Thanks for the positive view dude..Cheers!!!:)





    desi3933
    06-18 11:48 AM
    If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?

    Yes, EAD and AP are issued and renewed as long as I-485 application is pending. It does NOT matter if the PD is retrogressed.

    ----------------------------------
    Permanent Resident since May 2002





    lord_labaku
    06-09 07:32 PM
    One of my co-workers started me with a gun range membership...you can even find ones that dont require membership...just show ur drivers license and rent guns from the range & dont worry about carry permits...etc etc

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