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  • copsmart
    02-23 06:08 PM
    People can only give mere advise, but you are the one who is going to take the final decision that is right for you.
    The person who can answer some of your questions is nobody, but you.

    IMO, the market is not as good as you think, and it�s going through the worst recession ever.
    If not at your current job, you may have to take a pay cut at your future job, because that�s the current economic reality.

    Since you have asked� I would suggest you to stay where you are and float your resume in the market and see the kind of response you get. I hope you will have a better idea then.

    Good luck!

    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.




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  • enggr
    10-12 08:15 PM
    Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

    Thanks

    Hi Kmdhar,
    Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
    Any thoughts on how we get this extension petition approved to the max of my 6 years?




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  • v2neha
    04-08 10:28 AM
    PD Aug 03
    RD July 07
    ND Aug 07
    EB3 - India




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  • ItIsNotFunny
    12-17 03:27 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!

    I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.



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  • augustus
    05-12 03:13 PM
    His position requires Masters Degree




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  • chanduv23
    11-14 08:36 PM
    I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(

    In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)


    You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.

    If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.

    So think positive and start participating in grass roots efforts



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  • vinabath
    03-24 03:14 PM
    list of some of the threads created by "vinabath" - how many do you see meaningful???

    Thread / Thread Starter Last Post Replies Views Forum

    No more LC substitution, No more delays in 140. What a relief
    vinabath Today 02:55 PM

    what would you do if you get GC tomorrow? ( 1 2 3 4 )
    vinabath Today 02:37 PM

    What does the dots in my profile mean?
    vinabath Today 02:00 PM

    Tips to get your GC in a YEAR ( 1 2 3 4 )
    vinabath Yesterday 03:38 AM

    by vinabath 0 445 Retrogression, priority dates and Visa bulletins
    Poll: How many will be happy if..... ( 1 2 )

    by vinabath 21 1,922 Priority dates transfers and Post 140-approval options
    H4-H1 stamping in chennai- Visa renewal??


    by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
    BIG JOKE on us by USCIS. Story of the Century.

    vinabath 07-02-2007 04:00 PM
    by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
    Medical Report Delayed by Six months

    vinabath 06-15-2007 01:38 PM
    by franklin 8 653 Medical exams and related issues
    Y1 Visa - Lets make USA as Dubai

    vinabath 05-18-2007 10:44 AM
    by vinabath 0 468 Retrogression, priority dates and Visa bulletins
    EB2 India - Feb 23 2003. Is it possible this year??


    I am exposed now.




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  • rajeshbillabong
    09-23 11:52 PM
    Hi guys,

    My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
    We really want the OPT option that F-1 gives.
    Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

    Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

    We are very worried. Please help.

    best regards,
    Rajesh



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  • cooldude
    08-03 10:32 PM
    What about I-131. That is 7/1/2007. Its confusing




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  • WaitingForMyGC
    02-24 04:19 PM
    Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.

    Dude, Are you planning to marry an american citizen? :-)

    Just kidding..



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  • superdude
    07-17 10:42 PM
    Do you know how long it will take to get GC from date of receipt of 485?
    It is a long journey again. We have to wait and see. It depends on the native country also




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  • 485Mbe4001
    12-16 06:52 PM
    :) there are too many variables to this equation. even ajmeri will hang up on you if you ask him when somebodys EB3 will be current.

    all joking aside, it will be a nightmare for EB3 as well as EB2 unless there is some kind of reform. EB3 with a PD of 2004+ for india, china, mexico and some more other countires could easily take 10 years. I am an optimist and i still I think we will the dreaded 'U' pretty soon. There is a urgent need to educate people about this and get something passed, EB is totally broken.



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  • pachai_attai
    09-04 09:05 AM
    485 approved on August 31st. Approved 3 weeks after I sent out the RFE.




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  • lazycis
    12-21 06:53 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.

    1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
    2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
    3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
    4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.



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  • Blog Feeds
    09-18 10:20 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjOo3A5X15UMxsXJQnXJJ9WP2ZoWaGxEd1wLuCmeN0dLszJiFiBCIGe5dteWy4trPXonsrY66zHanRTDlcgkfejCBmNmAaP9rN3DXcTIT6tiYYflmu_Zvxox8Rk_iq0s1cAApRzZqJcgfE/s320/Wilson+Liar.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjOo3A5X15UMxsXJQnXJJ9WP2ZoWaGxEd1wLuCmeN0dLszJiFiBCIGe5dteWy4trPXonsrY66zHanRTDlcgkfejCBmNmAaP9rN3DXcTIT6tiYYflmu_Zvxox8Rk_iq0s1cAApRzZqJcgfE/s1600-h/Wilson+Liar.jpg)During President Obama's address to a joint session of Congress on Tuesday, Congressman Joe Wilson (R. SC), shouted "LIAR!" when President Obama stated that the proposed health care plan would not cover "illegal aliens." Now, Joe Wilson said he should know this because he once was an immigration lawyer (http://www.riehlworldview.com/carnivorous_conservative/2009/09/rep-joe-wilson-speaks-to-rwv.html). Whether that meant immigration from or to South Carolina, I am not sure, but one thing is for sure, no one I know ever knew Joe Wilson the immigration lawyer. If by "immigration lawyer" Mr. Wilson meant that he once helped an immigrant get deported, I am not sure that really counts. But if "Joe the Immigration Lawyer" is like "Joe the Plumber," then maybe he thinks he really was one.

    After all, an immigration lawyer would likely be able to understand what exactly the law means when it says that only citizens and permanent residents are covered under the Obama plan. What has caused Joe Wilson to react like this, besides a serious lack of self control, is the provision in the proposed legislation that eliminates the requirement of using the "SAVE" system to verify whether someone who is an immigrant, is legally in the United States. Use of this program has stopped very few undocumented immigrants from getting public benefits, but has stopped literally thousands of U.S. citizens, mostly poor, from obtaining benefits because of their lack of accessible proof of their citizenship.

    Factcheck.org has presented a short article on Seven Falsehoods About Health Care (http://www.factcheck.org/2009/08/seven-falsehoods-about-health-care/). One of those applies directly to this point:

    False: Illegal Immigrants Will Be Covered. One Republican congressman issued
    a press release claiming that "5,600,000 Illegal Aliens May Be Covered Under Obamacare (http://steveking.house.gov/index.cfm?FuseAction=Newsroom.PressReleases&ContentRecord_id=a294b300-19b9-b4b1-1296-659af869849a&Region_id=&Issue_id=)," and we�ve been peppered with queries about similar claims. They�re not true. In fact, the House bill (the only bill to be formally introduced in its entirety) specifically says that no federal money would be spent on giving illegal immigrants health coverage:

    H.R. 3200: Sec 246 � NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.

    Also, under current law, those in the country illegally don�t qualify for federal health programs. Of interest: About half of illegal immigrants have health insurance now, according to the nonpartisan Pew Hispanic Center, which says those who lack insurance do so principally because their employers don�t offer it."Misleading GOP Health Care Claims" (http://factcheck.org/2009/07/misleading-gop-health-care-claims/) July 23 � by Brooks Jackson, Viveca Novak, Lori Robertson and Jess Henig.


    I can certainly see both sides of the debate, and, frankly, neither side is being completely honest or clear. What is quite clear, is how immigration, and our broken immigration system, keeps coming up in the context of the debate of national agenda items, such as the health care debate.



    Several weeks ago I blogged on the danger that the tone of the Health care debate (http://ailaleadership.blogspot.com/2009/08/healthcare-debate-and-immigration.html)had for the coming immigration reform debate. Calling the President a Liar during his speech to a joint session to Congress is Exhibit A in what we have in store for the coming debate. If Joe Wilson the Immigration Lawyer can misrepresent the consequences of legislative language as straight forward as these two particular sections, we have to be prepared for the extraordinary misrepresentations of any positive aspects of an immigration reform bill. Whether it is "amnesty," "rewarding law breakers," "open borders," "Liars," or even "destroyers of American culture" we have to understand how to phrase and present the response. Without a doubt, the response from those of us who understand the need to balance immigration reform, with security concerns, and with economic growth has to be not only vocal, but focused. We, as Real Immigration Lawyers, must know the language of the proposed legislation, we must know the myths that are out there, and we need to be vocal in our response.




    Next week, more than 40 talk radio hosts are descending on Capital Hill for the FAIR (http://www.splcenter.org/intel/intelreport/article.jsp?aid=846)Annual Scare the Crap Out of Congress Boondoggle. The outrageous claims of the downfall of America caused by illegal immigration, along with similarly nutty myths will be presented as facts. Actual real news organization will cite the Center for Immigration Studies as a legitimate source of information. We must be prepared to call into our local radio stations, whose hosts are in D.C. next week, and be prepared to present the facts of immigration. Not by sugar coating the problems that are caused by illegal immigration, but rather by pointing out which specific laws are broken (INA 212(a)(9) anyone?) and how having a comprehensive solution can actually fix the immigration pothole in the legislative superhighway. Immigration Lawyers it is time to Stand Up and be vocal and beat back the immigration myths (http://www.aila.org/content/default.aspx?bc=27924).





    https://blogger.googleusercontent.com/tracker/186823568153827945-8070452709764975137?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/liar-what-does-health-care-have-to-do.html)




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  • locomotive36
    11-04 12:17 PM
    Dear Readers,

    This topic may be totally off immigration and I am sorry for that.

    Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!

    Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)

    Please vote for him and make win the CNN Hero prize money which can be used towards his trust.

    You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)

    Please share the word around with your friends and family!

    Thanks a lot... Appreciate your kind gesture!




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  • hsingh82
    02-24 01:05 PM
    Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??




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    06-30 05:32 PM
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    conchshell
    04-24 10:30 AM
    Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
    http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary

    and the members of the sub-committee:
    http://judiciary.house.gov/committeestructure.aspx?committee=4

    What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).




    Alabama04
    12-12 11:43 AM
    I am in Birmingham. Count me in.



    PD: Jan 04 EB3/RIR/PBEC/AL
    Labor: March 07
    I-140: April 19, 07 (Regular)
    I-485: June 27,07
    Finger Printing: Aug 3,07
    AP: Sept 07
    RFE: Oct 10,07
    GC: Still waiting:(



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