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  • maddila
    09-16 04:03 PM
    I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.





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  • Alien
    03-28 11:04 AM
    I think IV should stay focussed with what they are doing right now. This is a non-profit forum with a purpose and lets let it be that way.

    We can probably make it more expansive as we get more volunteers to moderate the forum but with whats going on right now,we should let the core members focus on what they are doing.

    I strongly agree with Berkleybee that this aint a one-stop shop.There is a danger of core issues getting diluted.





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  • like_watching_paint_dry
    01-13 08:33 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation

    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.





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  • meridiani.planum
    03-31 09:06 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13
    EB2/TSC
    PD:12/04

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

    RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?

    Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...



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  • breddy2000
    01-04 01:13 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat


    We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
    BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
    Hope this helps.
    PM me if you need any further help..





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  • indyanguy
    01-16 10:39 AM
    I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

    Can someone with an approved 140 please paste a format of the experience letter on this thread?

    Thanks!



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  • JunRN
    06-09 09:33 AM
    You never know where to put all these important documents safely. The best thing to do it maintain a copy on a separate location so that when it got stolen, you have copies to remember its details, etc.

    It is very important to file a complaint to the police so that the lost is recorded.





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  • pappu
    12-15 03:17 PM
    My lawyer had the following lines on this issue:

    However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.

    It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
    :)
    whats your lawfirm's name..
    Your lawyer explains retrogression problems so nicely to his clients ,that clients feel previleged to be from retrogressed countries... and the long wait times is no big deal. Anyways lawyers will make money from periodic H1B extensions and GC fees



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  • pappu
    05-11 01:24 PM
    they seem to favor unskilled workers category and talk about only 5 thousand Gcs available.





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  • abhay
    10-30 09:19 AM
    I did some mistakes when I went for Visa intervew in March 2007, I have done a new form on line and printed again.If they have not changed the usage of online DS-156 you could do the same thing.

    Some fields cannot be edited after you save for the first time like Passport Details (Number, Place of issuance etc).



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  • rsb
    06-29 02:11 PM
    Thanks logiclife for you detailed answer.





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  • damialok
    04-22 03:45 PM
    I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.



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  • svr_76
    05-21 07:46 PM
    And the other presidential candidates will be from All Indian American Desi Munnettra Kazhagam, the Techie Desam Party, Better Samajwadi Party.





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  • indyanguy
    01-13 03:54 PM
    I looked at my copy of the packet that was sent to USCIS and yes, it appears that the lawyer did include all the EVLs.



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  • va_jan_03
    06-07 10:57 AM
    can't make it to DC, made a contribution.
    Transaction ID: 94R50453J99520901

    Good Luck !!!





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  • Sideliner
    07-17 07:33 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in..
    I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.

    Good luck.



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  • spdy_mn
    06-30 05:22 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....


    Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.





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  • pappu
    08-30 07:06 PM
    Congrats Babu.

    Finally someone saw some green in the Nevada desert!

    Pls stay in touch and continue to help IV.





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  • Sreenuuk
    06-15 03:35 PM
    No need to write "None"..just leave it blank. Thats what my attorney told.





    Sakthisagar
    05-19 11:02 AM
    Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is a different issue. Even if there was a competent PM, why should he/she work to get our Green Card?

    Mexico is a bordering country and has a different kind of trade and agreeements. It is not the same for other countries like India and China.

    Tell me why not Indian PM can't indicate to The US President on immigration? what is wrong in that logically, only for dollars and election fund they need NRIs how many Indians who are in US contribute to the Indian economy. Tell me what is wrong in asking ?

    Mexico might be bordering country but India aslo ahve trade agreements with US, is PM afrain of US authorities? or there is no order for the all powerful all is wel madame and her son who is good for nothing?

    Tail Note: heard from confidential sources when Indian PM visited White house it is said for every question President Obama asks he was on hot line with his master madame in Delhi for answers, he can never say anything without asking her!





    VenuK
    07-10 02:43 PM
    Hi Dhundhun,

    Thanks for your response.
    to your question:

    .. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.

    VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.

    advices are always appreciated

    Pls let me know...

    With Thanks,
    Venu



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