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  • Fightwithfate
    03-18 11:59 AM
    Incorrect!

    One can start working as soon as H-1B transfer is filed, if the beneficiary has (or had) H-1B status in past. Google for H-1B porting.


    ________________
    Not a legal advice.

    I know we can start working once H1B receipt is received.But what if it goes wrong (ie denied)once you started working





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  • gotgc?
    12-19 09:17 PM
    I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.

    You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:

    "1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).

    2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."

    I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.

    Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.

    Thanks to you all in advance





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  • chanduv23
    11-19 11:36 AM
    I must say Ron Rocks! See his post on his forums thread....

    http://immigration-information.com/forums/showpost.php?p=24864&postcount=8

    Hope this will help you to understand this issue further.

    Hmmm - unless the IO has details about the new employer - how can the IO judge if the new employer is a profit or no profit or big or small.

    AC21 means - only same or similar job, I don't think employer will make a difference, though wage maybe a big factor





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  • monkeyman
    10-17 09:51 AM
    Is there a pattern for RFEs? Why some on gets an RFE for AP?


    Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).



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  • permfiling
    12-11 03:00 PM
    Hi Maverick,
    I applied in EB1 a year ago which was denied and appeal pending since 10 months. I am loosing hopes as even appeal cases are not processed in time. Atleast in desh, you can get it done quicker through other means !!!!. What I meant is ...INDIA has also lot of immigrants coming from neighbouring coutries but they get most of the benefits in time rather like us in US.

    Contributions : $500





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  • msp1976
    03-12 12:02 PM
    H1-B slavery: the American nightmare. Why would a major corporation deceive recruits only to end up with seriously unhappy employees with a serious grudge against their employer.

    Well...You are definately not a slave....
    You can walk away any time you like......
    In the end it is the individual's decision...

    Calling ourselves as slaves opens up whole new can of worms...



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  • piyu7444
    08-23 11:14 PM
    raysaikat thanks a lot!





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  • skynet2500
    08-29 08:02 PM
    Thanks everyone for your responses.



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  • Sheetal81
    08-23 05:01 PM
    TSC - I was stunned to see it in the mail today..We got our receipt no's just last week..





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  • Dj-Studios
    05-24 01:05 PM
    Ok It's fixed.



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  • thomachan72
    03-01 12:56 PM
    Ask your parents (anyone of them) to visit the registrar at the municipal office of your home town. The registrar will issue the birth certificate once your parents submit an affidavit to the office. Hope this helps.

    nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
    Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.





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  • grupak
    06-19 07:02 PM
    Thanks for the update



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  • partha_vus
    02-21 04:39 PM
    Hi optimystic ,
    You can call to Customer service center can find out your Name check is cleared or not?.

    I did that and was able to get the deatils of the name check, USCIS sent to verify name check on 9/28/2007 and not yet cleared, I filed 485 on July 02, 2007. My case details are below.

    Labor cleared Feb '2007 - EB3
    I 140 Approved June '2007 ( Ported Priority date: Jan 2001)
    I 485 - Pending filed july 02, 2007

    thanks





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  • jonty_11
    05-22 03:39 PM
    What kind of businesses will give u certificate of work? to prove u were illegal before jan 1 , 2007



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  • Prashant
    06-20 03:20 PM
    Done





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  • jnicklo
    04-18 12:29 AM
    its ok quinton ;) you and i dont work in the design field :)

    We're bums and Im my own worst enemy, and to think that I thought Pc's, Flash and small monitors were my worst enemy!! ;)



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  • mkkcbe
    10-19 01:33 PM
    Any idea of how many number of I-140s ? May be 50000+. It looks like it might take at least an year to process these I-140s in NSC/TSC. TSC is faster when compared to NSC, where the priority dates has not been moving, at least for EB1/EB3. What do you say ?

    A trivial question: Do they process I-140s based on labor filed date (priority) or I-140 filed date ?

    Hopefully they will reinstate PPS for I-140 after they are done with receipting the July/Aug applications.

    Good luck to everyone.

    kaykay.





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  • nmdial
    03-02 08:59 AM
    mmdial, was the registrar from the place of birth or from another place.

    From my place of birth.





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  • anilsal
    08-30 08:56 PM
    need to send an email with name, email address, phone number and GC PD to:
    IL at immigrationvoice DOT org

    Only then you will have faster registration. :)





    nozerd
    08-07 01:49 PM
    I am an EB3 India applicant with a PD of August 2001. Cant file I 485 due to retro so cant get AP or EAD for spouse. I am currently in 7th yr of H1 and will soon be applying for 3 yr extension for 8,9,10 th yr based on approved I 140.
    I am also a Canadian PR and one option is to move to Canada. However one option which I have been researching seriously lately is to live in Windsor, Ontario and work in Detroit , Michigan.
    Windsor and Detroit are both Urban areas and twin cities on each side of the border connected by bridge and a tunnel. From Windsor most of Detroit metro is only 1 hrs drive. Downtown Detroit is only half hr drive.

    Here are some advantages to this.

    1) You keep your H1 B visa, and US Salary.
    2) You earn time towards maintaining your Canadian residency and even Canadian Citizenship.
    3) You have best of both worlds. (US Salaries opportunities, Canadian healthcare/social benefits).
    4) Spouse can work in Canada and keep H4 also.
    5) Can continue GC process without loss of security.
    6) Visit other cities in US. ie even if spouse /fly is in other city you can easily commute once a month etc.
    7) Once you get GC you can always move back to US.

    Disadvantages

    1) Crossing border each day (normally not an issue but border gets busy on some days).
    2) Paying Canadian income tax.
    3) Only possible if you get transfer to Detroit or new job there.
    4) If you own home etc or your wife is studying etc you may have to live separately for some time.

    Has anyone done this or knows anyone who has done this ? In theory and on paper its a good idea. Apparently thousand of ppl (even non immigrants) do this both ways.
    Any insights anyone can share ? This may be good option in many cases.
    Thanks





    guyfromsg
    09-20 07:13 PM
    I also met several American citizens who were passing by and were curious about the rally. Me and JazzbytheBay explained and they listened patiently. One hour later I saw them marching with us holding flowers that some of our volunteers were distributing to passer bys. One gentleman was a school teacher.

    IV needs grassroot support from half a million people stuck in various stages of green card process. You can be from any country. We welcome and invite members from all countries and communities to join our efforts.

    Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.

    Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.

    http://picasaweb.google.com/kannansm/ImmigartionVoiceDCRally18Sep07/photo#5111764333601260802

    The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.



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