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saketkapur
07-06 02:46 PM
Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.

I am now with a different employer and using my EAD since May this year.

Hope this helps......
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TheCanadian
01-02 09:12 PM
F'ing a! I might not even have to lift a finger :run:
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nissan_1
01-24 02:52 PM
During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
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chanduv23
07-17 07:37 AM
Getting innovative is the Key here. Keep your paperwork ready (You must do it in the background). Tell your employer through email that all you need is an employer letter and he can fax it to you, tell him you will personally come over to the place where he is to get signature and you have no issues, remember in your communications "Just praise him" . Tell him he is great, and you respect him and and u love him etc....... tell him that he must definitely enjoy his vacation and you will come to wherever he is or arrange for a pickup from Fedex and he has to do nothing.

All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.

In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.

Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.

After things go well for u- screw them big time, expose them on the internet and desi crunch.
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pappu
03-29 02:37 PM
My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..

If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.
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radhagd
03-14 09:36 AM
I have tried this and I got my application returned. I know one more person in this forum has tried and was not successful.
I think that EB3 has to be approved(not just applied) before EB2 approval

Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.
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rbalaji5
07-25 03:09 PM
There is a problem with my wife's date of birth certificate. The brith certificate holds the original date of birth (May 1973) where as the all other ceritificates like school records, passports is having different date of birth (Dec 1973) (usually in India we used to change the date of birth to get into the kindergarden with some early date of birth). I am unable to get the Non-availability certificate as the original birth certificate already exists. Correcting the date of birth all the certificates and passports is not possible and it may took a long time as we need to go through court.

I am planning to submit the affidavits from parents alongwith the other certificates like 10th Mark sheets, etc., Pls advise - Is it ok?.

Otherwise I can submit the original brith certificate alongwith affidavits from parents and relatives saying that the date of birth is mistakenly registered.

Please help.
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shortchanged
08-01 06:09 PM
Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best
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go_gc_way
05-12 11:00 AM
Good job Amith and other folks!
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xela
04-23 06:00 PM
There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.

they withdrew it a couple of days or so later. So everyone that already had sent their applications was fine.
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krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.

All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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GCard_Dream
01-13 01:13 AM
This is precisely the reason I hate to see any 485 related thread. Every single time someone starts a 485 thread, fight breaks out and original intent of the thread is always lost and what's left is just bitter feelings and animosity among members yet members continue to start new threads.

This is a very sensitive issue which brings out a lot emotion and has been discussed to death so please guys.. let's move on to something productive. I think it will be good for everyone if we just let core team decide what's best as far as 485 provision goes.


You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"
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milind70
06-09 02:24 PM
What is the InfoPass # to call. I'm in the same boat. PD: Dec 2003 EB2

GCMan,
No number to call for infopass, you have to book appointments thru the web. I havent taken infopass for a while but no telephone numbers.
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mpadapa
05-15 04:54 PM
r2i2009,

Rep Lofgren and other reps (who co-sponsor) have put in lots of effort to get 3 bills (HR 5882, 5921, 6039) that address our issues. They are seasoned veterans and they know what will pass when.
U'r comments are extremely rude to their efforts.
How do U know what will pass or not, are U the adviser to the house speaker?

Please channel your energy towards a time critical action item on the following link
http://immigrationvoice.org/forum/showthread.php?t=19113


The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

Secondly, GOVT would lose EAD renewal, AP revenue etc.

So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
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harsh
11-20 04:03 PM
Alabaman, techy2468 and other bama residents, as suggested by admin, I think it is a good idea to exchange each others contact info. I am willing to keep a list of all members from alabama so that in the event we need to contact members, it will be easier. I will send you guys a PM with my contact info. So please forward your contact info to me.

Thanks
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dixie
09-11 07:06 PM
We cannot fault USCIS for the BEC backlogs .. thats the work of the even more incompetant DOL.Even they have improved with the PERM system. Our battle with retrogression is really a political issue more than a procedural one .The one place there is major room for improvement for USCIS is to use a more reliable system of advancing PDs than the current arbitrary system. There is no denying that USCIS has been improving lately with respect to service times(given the scarce resources), so lets give them credit where it is due.
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DarkChild
03-08 02:21 AM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.

thx man :thumb:
but it doesn't matter that much, dave's is better, i can handle that ;)
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lostinbeta
10-21 02:03 AM
True.... but I don't have a camera to practice on :P

Not even a digital one :(


Oh well... I will get over it..

Have fun on your camping trip =) :beam:
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Dhundhun
12-10 09:43 AM
25,000 members, every day request to raise $30,000.

Why not happening? Even every member contribute $2, it becomes $50,000.

The question comes to whom contribute? This web site does not belong to me. If some question is in my mind, I can't start a thread. Which individual/group it belongs to? Who can start a thread? For the last 2-3 days, I am trying to find answers.

How many members are active? Is it or the orders of tengths or hundreds or thousands?

If with 25,000 members, raising $30,000 is difficult, there is some problem. One of the problem defenetly it is not open - even I asked, how can I start a thread, I did not get answer.

I think, core team to get into action to motivate people - as an example I am now so much demotivatied that thinking not visiting this site.
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anzerraja
07-20 03:33 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

http://immigrationvoice.org/forum/showthread.php?t=10708

Could you please pledge an amount ?
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rsdang
08-19 10:44 AM
However I would not like to see socialization items on the home page... If we do go ahead with this suggestion I would suggest a seprate link from the hom page...

I would not want to loose important messages in personal communication with other members...

Thanks
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