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  • coopheal
    11-15 05:06 PM
    Does anyone have last months demand to compare?

    Just curious cus I forgot to save it and I was looking for the breakdown of 2005 for EB3 ROW

    Thanks!

    EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)

    The above wiki page has data complied from previous demand datas.




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  • paystubissue
    03-16 02:26 PM
    Hi all,

    Any thoughts?please let me know.

    Regards




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  • bsnf
    02-18 08:04 PM
    Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
    I have a AP, used to have a Canadian visit visa which expired in Dec 2010.

    I have traveled on AP via Dubai using United and did not have a issue.

    I am traveling next weekend, I will appreciate your reply.




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  • snathan
    05-15 02:28 PM
    Hi ,

    I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.


    Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
    I talked with a attorney he is filing my COS.


    1) is there anyone in the same situation evr ?
    1) Is there any other way i can follow?
    2) what percent are there chances that my COS will get denied or accepted?
    3 ) My employer is still marketing my resume?


    Any Suggestions welcome!!

    THANKS in advance

    Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.

    Thanks



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  • Green.Tech
    03-20 02:54 PM
    my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks

    If our answers were helpful, can you please update your profile.




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  • jumanji4u
    03-23 09:30 AM
    Hi immigration Gurus,

    I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.

    Your guidance is greatly apprecaite.

    Thanks,
    Jumanji



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  • kannan
    11-17 12:42 PM
    Hi

    Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....




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  • permfiling
    10-23 10:48 PM
    Anybody else whose spouse GC is stalled? Any suggestions?

    I received my 485 approval notice but not spouse. We have a info pass appointment on monday.



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  • nk2006
    12-11 03:31 PM
    4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.

    Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.

    This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.

    Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.

    Let me know if my understanding is not right above.




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  • americandesi
    02-01 01:22 PM
    Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be

    Z -> New Vendor -> Y -> X -> You

    On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.

    Refer the following thread
    http://immigrationvoice.org/forum/showthread.php?t=12185



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  • nagu
    02-26 02:41 PM
    Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)

    My Layer: Employer->Company A-> Primary Vendor -> Client

    My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.

    On this, What would be best option.

    1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?

    2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?

    3. Apply for H1B transfer thru primary vendor's sister concern?




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  • anilsal
    01-11 11:42 AM
    do not worry about the middle name.



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  • Ron Kruger
    June 13th, 2010, 07:46 PM
    I ordered a Pentax Optio W80 and plan to use it for underwater shots in a very clear Ozark river. Plan to photograph fish and fishing scenes.
    Will I need to concentrate on quiet water? Will moving water distort the image like it does from above?
    Any advice concerning any aspect of this appreciated.




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  • ajithkumar
    04-26 05:49 AM
    Hi

    i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...

    both the companies A and B are operated by same person..

    I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
    The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..

    My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
    after 3 months the new delhi consulate sends me a visa denial letter
    stating that

    we are not able to issue you a visa because:
    your petitioner doesnot either be able to provide qualified employment in USA
    I129 petition filed on your behlaf has been submitted to USCIS...


    My original I797 was returned to me at the time of interview

    my question:

    Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???


    WHAT OTHER OPTION DO I HAVE...


    Please let me know



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  • jijiewang
    02-08 09:10 AM
    Hi attorney,

    I know the question sounds weird.

    My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.

    I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?

    Thanks.

    Jijie




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  • ajm
    04-13 09:08 PM
    Friends,

    I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.


    Once you find a job, ask the new employer to apply for a 3 year extension based on the approved I-140 (the courtesy copy should be enough). You can retain the old priority date when you re-start the GC process with the new company (if the current employer maintains the LC/I-140: not sure what happens if either is revoked).



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  • sundarpn
    08-06 05:28 PM
    If one changes to a new employer after 180 days,

    How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?

    After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).




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  • LondonTown
    05-21 01:04 PM
    Hello All,

    My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

    Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

    My questions are:

    1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

    2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

    Please advise.




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  • patriot01
    09-25 02:20 AM
    I am kind of in the same situation...But, I don't know if the status means what it says.

    But, I got the status change in Jul 2008 saying that

    'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

    The very next day I got this case status change saying that..

    'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

    I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

    But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.

    Thanks in advance.




    Blog Feeds
    09-01 10:00 AM
    Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
    The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.

    Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.

    Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.

    Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.


    http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY



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    karthiknv143
    09-16 02:59 PM
    Processing dates are bogus.. Don't rely on that.



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