Monday, June 27, 2011

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  • vxb2004
    04-28 09:21 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.

    My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.

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  • lazycis
    01-15 11:41 AM
    Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?

    Yes, it's indirect deduction.

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  • rajnag21
    07-17 07:23 PM
    as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
    The ideal thing is to do it while still on h1 and then do the 485 application.

    Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !

    I look to more senior members here for better direction than the advice that I have regurgitated for you.

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  • brav
    10-06 10:42 AM
    I posted this question on and she ignored this question in her 2 last chat sessions on monday night.

    I posted in the Greg siskind's FAQ organized by IV and I am hoping he will answer, to get some clarity to this.

    My wife has OPT EAD and AOS EAD(485) and we are looking into

    a. Would an AOS EAD invalidate OPT EAD automatically
    b. If not, should any one be notified that we are presently pursing OPT EAD
    c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?

    If any one has info, please share.


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  • eb3_2004
    10-30 01:25 PM
    How did u know this info? Did USCIS tell u when u called or did your lawyer tell this?

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  • eb3India
    06-28 01:25 PM
    This will make immigration as a major issue for next presidential election

    It would be really interesting to see how all these guys handle this issue and it will be jump start for many Republican candidates


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  • Green.Tech
    08-03 05:15 PM
    As per my attorney, the first case is correct.

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  • maccaid
    06-22 04:37 PM
    If she were to change her name now.. and get a new passport or ID.. it might take longer and jeopardize your ability to file for AOS. Good would be to apply for AOS in her current name now.. and once you get your AOS approved.. then she can change her last name.

    to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.

    I'm EB3-ROW
    PD March 23, 2007


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  • freedom1
    01-20 01:20 PM
    did u request a change, ex address change,..

    No I did not made any change of address.

    BTW, I did called the USCIS Service Center (If you can call it that), and customer rep. basically he readed it the same document back to me.
    When I asked him what he meant, he said, "Your case has been approved and we sent you the approval letter."

    Oh well. I have no option but to wait and see what they sent me.

    I'll believe it when I see it!


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  • gimme Green!!
    08-04 01:22 PM
    Sure - this forum is filled with apps pending Labor.

    EB2 RIR July 2004

    The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.

    Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

    100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

    "How NOT to get the work done in 5 years?"

    B T W Does these places have any guys who are struck with their labor?


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  • akela_topchi
    01-15 06:13 PM

    Looks like Obama and his administration is serious about fixing things.
    There are several polls on various immigration related issues at
    Some are "pro" and many are "anti".

    Lets cast our vote, write messages, make yourself heard.
    Lets convey what we're going through, and we want relief.

    We are in it to win it.

    Here are some immigration/Green card/Visa related polls. Lets vote!

    Green Card related polls : Here (

    Immigration related polls : Here (

    Visa related polls : Here (

    Some pro-immigration polls
    - Please help the Immigration System (

    Some Anti-H1B polls
    - Reduce the H1-B cap for 2009 (
    - Replace India's Talent with US Talent (
    - Reduce H1 Visas: Jobs for Americans (
    - H1B Fraud & Legal Immigration Issues (

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  • drirshad
    07-01 06:20 PM
    For all the nights of no sleep and days of uncertainty. Ready to go to the end of the tunnel this time .....


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  • manderson
    08-08 11:32 AM
    damn! i have the same issue. will u pls post the answer when u have it.

    my laywer doesn't know what to put and my employer is not cooperating!

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  • Geni
    05-30 09:43 PM
    Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE

    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.


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  • reddymjm
    03-16 01:26 PM
    Why he should expect an RFE in a Month or Two ?

    Any rational reason ?

    One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.

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  • fromnaija
    03-08 05:53 PM
    Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.

    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.


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  • yabadaba
    07-09 12:35 PM
    cnn has pretty much decided to stick with the rheotric of loo dobbs. he brings in the highest viewership and the highest ratings. the widow article was huge amongst many bloggers.. some personal finance bloggers like boston gal. i guess cnn is now the Censational News Network.

    i guess it helps their ratings to demonize us more

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  • rahul2699
    05-19 11:13 AM
    My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

    Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...

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  • gc_kaavaali
    06-18 05:25 PM
    You are fine!!! just be prepared for the Visa. Collect all the documents needed for VISA. Don't forget Tax returns.


    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    01-18 09:04 PM
    Please post the following:
    Receipt notice date:
    How long it took to receive approval:

    07-23 03:37 PM
    C. UHRMACHER @ 8,26am on July 2

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