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  • njboy
    05-08 09:47 AM
    hey, my paki friend,
    this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
    regards.




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  • STAmisha
    11-14 02:32 PM
    Lawyer told me that I cannot contest. They screwed it up some thing




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  • belmontboy
    08-10 10:41 PM
    Even if they reform all your 9 issues, we would still be stuck in the GC mess.

    The concerns should be 3-4, so that we don't appear demanding to the lawmakers, press and the public.
    we should request:
    1.) increase in GC numbers
    2.) capturing unused visa's from previous years
    3.) removing country cap
    4.) reforming namecheck.

    EB backlogs would be eliminated by sep end anyways.

    The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!

    SEPTEMBER Rally would be ideal to raise these issues!

    ISSUES THAT WE COULD RAISE DURING THE RALLY
    1. Eliminate EB Backlog
    2. Processing Timeline for I-485
    3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
    4. Uniform Processing Methodology across all USCIS Service Centers
    5. Uniform Level of Customer Service across all USCIS Service Centers
    6. Increase Coordination between USCIS and DOS
    7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
    8. More Transparency and flexibility in invoking AC21
    9. Decrease the time to invoke AC21 from 6 months to atleast 3 months




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  • EB3_SEP04
    07-01 07:37 PM
    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!



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  • gbof
    11-20 09:01 PM
    Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

    Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.




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  • luckylavs
    07-17 04:58 PM
    one silly question. How weeks do we have in hand to file 485?



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  • minimalist
    11-16 10:39 PM
    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.

    You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.

    Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.




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  • bbct
    05-02 10:56 AM
    The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.

    My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.



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  • The7zen
    03-13 01:06 PM
    I have updated my profile..IV has been a source of strength in my Journey..i wish good things happen at USCIS and hard working legal immigrants like us get the GC quickly

    Congrats....

    :) please consider contributing to the FOIA funding drive and help us :)




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  • immi2006
    05-04 10:00 AM
    Based on Perm Trackers in immigration.com, the rate of approvals for EB2 based on the excel sheets seems like this :

    2005 - EB2 approval less than 30 % of the filing, 39 % is pending for a looooog time, rest are rejects
    2006 - EB2 so far - 41 % of the filing is approved,

    2005 EB3 Approval rate 44 %

    BEC to Conversion to PERM Processs - Rejection rate 78 %



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  • realizeit
    03-20 09:12 PM
    jnraajan: Yes, you are right! That's what I was saying too.

    "...If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton ....."




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  • gc28262
    04-01 10:54 PM
    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.



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  • kishdam
    03-17 10:18 AM
    I was reading at immigration-law.com that a new bill SUSTAIN act is introduced by Lamar Smith in the house and is referred to the judiciary committee. This bill seems proposing the increase of H1B numbers from 65k to 195k. Does this bill have any EB related measures? This bill may be unlikely to get voted anytime soon but if it has some EB measures at least we get some exposure.




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  • JazzByTheBay
    08-15 03:23 PM
    Guess the TSC filers are in great shape... ! Unfortunately, no light for TSC -> CSC -> NSC transfer cases yet.

    Enjoy the weekend! :)

    jazz

    I had these in another thread but roughly
    PD May 2006
    RD 8/2/2007
    ND 9/27/2007

    TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.

    Good luck to all!!



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  • illusions
    03-12 10:23 AM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

    Congrats, yup i have seen others with the same in some forums where the online status shows pending but the case is approved.




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  • ashwinicool67
    04-29 01:30 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.

    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.



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  • sam_hoosier
    06-06 05:29 PM
    Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).




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  • petersebastian
    04-01 01:59 PM
    Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...




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  • gopalkrishan
    08-03 04:58 PM
    Dear Registered OP,
    I guess you have accidentally choose IV to post your issue,
    the key word search "Frustation" on google might have drove you here,
    not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D

    Hi Sanju,

    I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..

    More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..

    Regards,
    Gopal Krishan




    aguy
    08-23 01:17 AM
    Hi,

    My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

    While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

    So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

    Thanks.




    skumar9
    04-13 12:26 PM
    So did you answer the RFE ? ....



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