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  • p_aluri
    04-01 05:38 PM
    I am sorry to hear about your situation.

    Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.

    Did you try utilizing AC21 as your 140 approved and the 180days crossed?

    Again I am not a lawyer, please talk to experienced attorneys.

    Thank you,
    Aluri

    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..





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  • Jimi_Hendrix
    12-16 05:46 PM
    To make any educated guess there has to be a basis. You need to have some data or some other relevant information. Unfortunately there is no data available that can help one make an educated guess about the future movement of EB3 India.

    In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.





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  • indianabacklog
    07-30 08:59 PM
    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.





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  • bablata2007
    11-27 03:44 PM
    I-140 is approved. H1-B 8th yr. is valid till march 2008.

    Thanks.



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  • copsmart
    02-23 06:08 PM
    People can only give mere advise, but you are the one who is going to take the final decision that is right for you.
    The person who can answer some of your questions is nobody, but you.

    IMO, the market is not as good as you think, and it�s going through the worst recession ever.
    If not at your current job, you may have to take a pay cut at your future job, because that�s the current economic reality.

    Since you have asked� I would suggest you to stay where you are and float your resume in the market and see the kind of response you get. I hope you will have a better idea then.

    Good luck!

    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.





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  • chanduv23
    01-14 03:59 PM
    Folks, lets use this thread to post information about how to help the victims of Haitian earthquake.

    Posts can be links to organizations where we can donate money or food or clothes.

    If you have done something please post on this thread

    Lets keep this thread alive and on top



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  • vnsriv
    03-28 10:25 AM
    Well Jnayar & Berkeleybee,
    Thanks for your help.





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  • TeddyKoochu
    04-22 03:47 PM
    Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.

    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

    I think you are right, hopefully its going to be a matter of time. What a great relief.



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  • lkapildev
    01-08 11:59 AM
    [QUOTE=Ramba;211906] You be better in that stressfull Job. Donot judge before seeing IT QA Jobs. This job is firing or else you will be fired and someone from BLR and HYD will take your job.





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  • shsk
    07-20 08:57 PM
    I checked with my attorney, they advised better not to change address until EAD is received.
    If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:



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  • ganguteli
    07-07 11:58 AM
    Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
    Unless these people support, people who are in the labor pending stage will not get enough members to help them out.





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  • helmet
    06-27 08:54 AM
    I have I140 approval notice, Where can I see the A#?



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  • gk_2000
    08-29 01:25 AM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

    I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg





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  • irrational
    06-30 04:23 PM
    Message from AILA (American Immigration Lawyers Association) website about the biometrics cancellations:

    6/30/2009 ASC Biometrics Cancellations
    USCIS has reportedly cancelled all biometrics appointments for July 7-July 9, and all appointments are to be rescheduled in 2-3 weeks. AILA Doc. No. 09063061.



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  • the_jaguar
    03-25 01:48 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.





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  • ras
    04-03 11:12 AM
    I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

    It might also help to give a reason as to why you were late in responding.

    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.



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  • ssbaruah@yahoo.com
    05-01 09:41 AM
    Thanks once again for your reply.

    I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :

    - no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.

    Thanks again for your time and advise.





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  • lotsofspace
    01-08 05:03 PM
    Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.

    IF you are not in for money there are many stress less jobs than the ones you asked about. You can have stressful job in any field and same is true for the opposite. I know a lot many in engineering that have stress free jobs. Not sure what made you thinking that being SAP consultant is stress free.

    If you like teaching and don't have any criminal back ground consider teaching little kids. Most pleasant I can imagine. Work in post office.....VERY QUITE.....





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  • amsgc
    05-29 08:13 PM
    The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
    Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
    Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

    Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

    Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.


    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.





    fromnaija
    04-05 05:08 PM
    I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.

    That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

    I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.





    O'podu
    07-17 04:30 PM
    Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.

    Again, pl. contribute!!


    Contribution is for their better service.
    FLowers and wishes are Appreciation towards their bold steps and effort which brought us together virtually.
    We would never have brought out our thoughts without the support of IV coordinaters.

    Anyhow i decided to contribute my best to IV very soon.
    Thanks IV.