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  • bheemi123
    10-03 01:31 PM
    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help


    Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..





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  • pitha
    02-21 03:34 PM
    It is such irresponsible advise that has made EB2 India unavailable. The EB2 or eb3 should be decided based on the job requirements and not to fulfill your personal needs so that you can jump from eb3 to eb2. have you heard the adage "One rotten apple spoils the whole barrel". it is basically because of people like you the whole EB system is tainted and viewed as filled with corrupt people who will bend rules to suit there needs. Forget eb2 go for eb1 but only if your job really is in EB1 and not to cheat the system. You may get away with it but the end result is DOL and USCIS will make it stringent to get eb2 or eb1.

    anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.


    if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!





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  • retrohatao
    02-07 10:32 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.





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  • BharatPremi
    09-26 10:08 AM
    It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).

    Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.

    I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.



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  • perm2gc
    01-18 03:39 PM
    http://groups.google.com/group/usaimmigration/browse_thread/thread/7be520c4b9c1cab5?hl=en

    http://groups.google.com/group/alt.visa.us/topics?lnk=gschg&hl=en&

    http://groups.google.com/group/misc.immigration.usa/topics?lnk=gschg&hl=en&





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  • cdeneo
    03-07 02:28 PM
    Can someone please shed light on this - I was looking for the same information.

    What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

    Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

    One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

    Thank for all the advise.

    ---------------------------------
    Contributed $100.



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  • msp1976
    02-01 11:55 AM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school …. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?


    H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
    F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
    So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....


    If you are paying out of your pocket, you can go to college on H4..
    Student loans are not available on H4...No financial aid of any kind would be available on H4...

    Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
    as long as you can pay....

    I know all this because I did the research when my wife started her college..Should finish this may..





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  • wahwah
    02-21 02:17 PM
    i disagree. EB2 India is not more crowded than EB3 India. EB2 India currently went U because DOS made a dumb mistake of releasing the EB2 PD to April 2004 back during the October 2007 VB. That is why the visas for EB2 got exhausted so quickly. The problem is that there are still lot of candidates from 2002 and 2003 that are unapproved so it didn't make sense to release the October VB with April 2004 PD.

    I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.

    As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable



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  • .soulty
    02-21 07:24 PM
    yeah would be better to talk about this somewhere else, basically Lw is a really good app to those who are use to its interface, seperate modelling and layout style.

    other than that you have the best out of the box rendering system in any 3d app and a very capable and quick particle system.





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  • ashwaghoshk
    03-21 12:03 PM
    Send me I'm. My prev post was deleted by mod becos they won't allow other websites to be published here

    I checked on the site you mentioned. I can see so many approvals for the dates after mar-01. There are approvals on mar-01, mar-07, mar-09, mar-11, mar-12, mar-14, mar-15, mar-16 etc etc for the Atlanta center. I dont know what made you think that the process was slowed sin Mar-01.



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  • abhijitrajan
    11-13 12:41 AM
    Does it make sense to file and FOIA request asking how USCIS is implementing quarterly spillover. As I understand it USCIS is not obligated to respond to a letter but they have to respond to FOIA. Any comments from people who know how FOIA works and whether it's applicable?





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  • abracadabra102
    08-29 04:54 PM
    "Reliable desi consulting company" is an oxymoron :D



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  • map_boiler
    07-18 08:43 AM
    Our packet was delivered to NSC on July 2nd at 7:55 am...





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  • jonty_11
    12-13 10:39 AM
    It would work even great if IV could post this on the homepage, and send emails to all members to send faxes to USCIS on say Dec 18th, at 12 noon EST.
    Or are we on our own for this effort, which would mean the only way people will know about this effort is via this thread....At least we should open a new thread with a specific name so that it becomes obvious waht the purpose of that thread is.



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  • gkdgopi
    07-18 09:43 PM
    I don't think any July 2 cases are rejected,
    They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
    Also when i called them on July 3rd they said all application received from July 2nd are on hold.

    So don't worry guys!! :)

    my 2 cents





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  • sparky_jones
    03-17 11:53 AM
    See signature...EB3 - India



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  • jonty_11
    12-10 11:48 AM
    at which point it will be alottery again ..until dates move back to the stone age..in August 2009





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  • gk_2000
    08-10 03:32 PM
    I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.

    Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.

    Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.

    So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.

    I think that discussion will be far more productive than any wishful reinterpretation of the law.

    Could you elaborate on how this is a "wishful" reinterpretation of the law?





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  • file485
    12-22 07:34 PM
    thanks UN for the reply..

    what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...

    now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..

    also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..


    jeez ..so stressed out of this GC mess..
    pls let us know..





    cableching
    07-12 05:44 PM
    According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D

    Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!





    Pineapple
    11-12 09:19 AM
    Got my receipt letter from USCIS. The FOIA request has been put on the complex track.

    By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..



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