Friday, June 17, 2011

allegory of cave

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  • msp1976
    03-09 03:31 PM
    My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.

    Whether he can use earlier PD for EB2 (I-485).

    Please share your knowledge.


    Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....

    If he is EB2 ROW then go with Nov 2006...


    In any case please tell your friend to join IV and contribute to IV.....





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  • perm
    12-27 04:43 PM
    You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.

    Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?





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  • pd052009
    09-13 02:29 PM
    1.Once the I-140 is approved, the PD is associated with you. If your new employer files new PERM and I-140, you can port your PD(no matter what your employer does with ur I-140).

    2. If you port PD to same EB category, you won't save any time. Time saving mostly depend on EB category.

    Hi,
    I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:

    1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?

    2- How much time I could save by porting my PD? does it depend on country of origin?
    Thanks.





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  • rongha_2000
    04-30 05:24 PM
    Its kind of an interesting thought process, but I am curious why do you assume that NON-Perm cases will be very few? And also forgive me for being negative here but you are "assuming" all those parameters which are critical to the decision making process. This is a very interesting approach and if we can get real data to back this up, then nothing like it. (BEC cases will be a big factor in this calculation)

    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.

    The rational are as follows (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.


    Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).

    Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.

    Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
    Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
    Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
    Assumption 4: NIW applications are negligible
    Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
    Assumption 6: 50% of visas are used by retrogressed countries.

    Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
    Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
    Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.

    So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.



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  • maddila
    09-16 04:03 PM
    I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.





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  • highertruth
    07-30 04:01 PM
    YouTube - AAH - AAJA RE AB MERA DIL PUKARA (http://www.youtube.com/watch?v=eW2J7zLZwLU)

    This is fun. Lets vote the best entry.



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  • austingc
    12-24 10:32 PM
    H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

    You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

    Best of luck on your 140




    Cheeers !


    Varumo_varatho,

    Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

    Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

    If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

    I would suggest you to change your screen name to Thriyumo_Thriyatho





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  • vban2007
    05-29 11:11 AM
    October 1st, 2008 your status will be changed to H1B after the approval... So you will have to move to new company



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  • Ramba
    05-04 05:37 PM
    If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.

    (I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)





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  • champu
    03-12 10:07 PM
    consider infopass



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  • BMS1
    11-05 08:32 AM
    Hopefully, you guys and other new H1-B guys coming to US and yet to file for green card, get frustrated enough about getting locked to an employer and inability of the spouse to get employed and join IV in large enough numbers to bring the "Ability-to-file-I485-during-retrogression" to the top priority where it once was.





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  • tonyHK12
    12-07 06:13 PM
    Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

    Salary for any job depends on lot of factors. How one negotiates is a key factor.



    Cool how did he find the job, did he go through a recruiter from here or did he first land there and then search for a job?



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  • EB3_SEP04
    07-16 04:59 PM
    Please see links below:

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC


    :cool:

    When will the next month dates come out ???

    Man, You are all RED, are you a communist? just kidding... :)

    I'm also eagerly waiting for the updates. for EAD texas shows apr 28, i know people who filed in mid june have received EADs, mine has receipt date of July 2nd.





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  • traveldoc
    09-10 02:24 PM
    Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?



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  • sabeesh
    04-26 10:27 AM
    Hello..

    My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.

    Thanks





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  • thakkarbhav
    08-26 03:28 PM
    Normally in the job ad they specify if they need greencard holder or citizen. If they have not specified and you have job then it is all set. EAD is the document which establish your right to work. so they ask it when you join them. They will take photocopy of it. You need to update them when you renew your EAD.



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  • jonty_11
    06-15 02:54 PM
    its 11 digit the alien number on ur I94 card.





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  • jsb
    12-16 09:10 AM
    Any of got approved based on this memo ?

    I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.

    Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.





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  • memyselfandus
    07-21 10:45 PM
    Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
    1)would there be any problem during the Visa stamping?
    2)What should i do to other visa ,which i will be not using?
    3)How should i approach the employer whose employment i will be not accepting?
    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?


    Just pick the one that you to want join with. It doesn't matter if you got more than one application approved. The effective H1B will be the one that you would use for stamping at embassy.

    Hence relax and have fun!!





    pcs
    07-31 01:57 PM
    Both same employer





    makemygc
    07-26 01:59 PM
    You can change the address of you I-485 application online at

    https://egov.uscis.gov/crisgwi/go?action=coa

    I have done this when i moved at the end of May. I also recieved a confirmation mail that the address on my application has changed.

    Hope that helps!

    Thanks. That is helpful. I did not know that USCIS has gone online for all the address change needs. This is the same AR-11 form which we used to send through snail mail.



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