Sunday, June 12, 2011

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  • venkatanathen@yahoo.com
    12-08 03:51 PM
    Hi,

    I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?

    Thanks
    VK




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  • coolest_me
    07-01 05:45 PM
    if you are in California then fwd this to your employer

    http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000

    Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California




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  • cris
    08-30 10:22 AM
    many thanks to all you guys answered and clarified my issue .




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  • eb3_nepa
    10-02 12:33 PM
    Hi,

    What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

    Can someone please let us know how this I-94 surrendering and numbering works?



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  • forgerator
    11-08 05:14 PM
    How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
    In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o

    yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

    My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)




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  • caprianurag
    11-15 03:55 PM
    So, what did you decide..to join as PM or not?



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  • summitpointe
    04-16 02:53 PM
    Open an MTR ASAP. It sometimes takes lot of time(may be one year) for final decision.

    As your H1B is valid for another one year, just to have a support talk with your attorney about filing a PERM labor ASAP.




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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.



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  • VDaminator
    06-06 04:15 PM
    Aright here is my volley




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  • maddipati1
    01-08 07:54 PM
    i went for stamping in india in Feb'09. Mine wasn't in PIMS. They said that my visa is issued but will get the PP with stamp after PIMS clearance and it might take upto 2 weeks. but luckily i got it in 3 days.

    those whose I-797 was approved around the same time when PIMS was introduced ( i think Oct'07 ), should be careful about this.

    i read somewhere that, they messed up initial data transfer during PIMS launch. so the I-797s that got approved around the same time are more likely to be missed. mine was approved exactly in the same month PIMS was implemented and surely it wasn't in PIMS.

    funny story now ( but painful then )..
    i was aware and prepared for this when i went for stamping. i was at the window of initial screening officer. he took my dox and verified in their system and started writing 'not in PIMS' on top of my app. i was looking at it and i said 'aah! is it not in PIMS?'. he was surprised ( that i knew about PIMS etc) and gave me a look. now, i told to myself 'dude! shut up' :D

    minumum precaution u should take is, take the visa appointment on the first couple of days of ur visit, to have buffer for PIMS.

    but, i read, there is another type of delay that's the nemsis of pink 221(g) or something like that. this is for people who work in sensitive industries like defense, biotech, chemical etc. that surely take a long time, coz they need clearance from washington.



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  • dilbert_cal
    05-02 07:54 PM
    You have Enough time - I'd say a little more than enough time to think judiciously before you jump ship. Find a good employer -someone with whom you can stick around for a couple of years - and then make your move.

    No need to be desperate and catch the first job opportunity which comes your way. PERM should take 4-6 months overall and one month for 140. You have 7 more months - now this is completely your personal choice - depending on how much of a risk taker are you - you can look for a good opportunity for say 2 months and then switch or loop another 4 months or maybe switch tomorrow. Thats a part you get to decide and enjoy.




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  • fatjoe
    10-10 03:36 PM
    http://www.murthy.com/news/n_ombloc.html



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  • stemcell
    03-07 09:44 PM
    Unfortunately it means the 485 will also be denied.....
    unless you can appeal the 1-140 which is a lengthy process.....
    Hopefully luck is on your side....

    again please ask your lawyer as to what the best way to go is....




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  • miguy
    06-16 08:19 AM
    what if your wife has a B1/B2 status.......can you still file for I-485?...Has anyone encountered a similar situations?

    thanks,



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  • dtekkedil
    07-03 10:47 AM
    I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D

    LOL!

    You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???

    It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!




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  • ssnd03
    03-04 04:59 PM
    What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late

    Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.

    Priority dates were current before early 2005 due to FBI namecheck delays and other processing delays. Hence, EB visa numbers were always underused (and lost). If these processing delays were not so much back then, retrogression would have happened earlier, because there is always more demand than supply for EB visa numbers.

    Retrogression can only be resolved by increasing visa numbers and/or recapture of lost visa numbers. Retrogression has nothing to do with FBI namecheck delays. In fact FBI namecheck delays masked the retrogression for one or two years.

    We should be happy that namecheck delays are over for now and will restore some degree of FIFO.



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  • coloniel60
    06-29 03:29 PM
    You will find very few insurnce companies willing to provide coverage for a pregnant lady and even if they cover it they won't cover much. You will still end up paying most of it.

    Your best bet is to convince your employer to add your spouse to your insurance and pay him the insurance amount. Most employer sponsored health plans allow dependents. Talk with your HR or call the insurance company directly and ask them if you can add dependents to your insurance. Don't mention that your wife is pregnant.

    If you are able to add your wife to your insurance then they can't deny benifits for pregnancy as pre-existing. Pregnancy is not a pre-existing condition. They will have to cover it. So the best and cheapest for you is to somehow get her added to your empler sponsored insurance.




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  • days_go_by
    09-12 06:49 PM
    Any advise about Unpaid vacation period in usa for h1b's and staying in usa.

    What is the legal vacation period in usa for h1b's? And how long it could be!!!
    few weeks or few months???

    Thanks...
    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.




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  • aaaa4321
    08-31 10:01 AM
    Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
    http://www.murthy.com/bulletin.html
    I hope I understood it correctly.
    What do all of you say?




    nviren
    05-01 09:05 PM
    Bkarnik,

    I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.

    ujjvalkoul, satyasaich,

    About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?

    Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?




    radosav
    08-22 01:43 PM
    Paper filed to TSC and my 485 is pending at NSC
    PD: EB3 Dec 2002

    EAD sent to TSC on July 10th
    RD: Jul 11th
    ND: Jul13th

    EAD expiring on Oct 3rd.So my countdown started.

    This is scary man...

    our expiration date is the same as yours Oct 3rd. I dont wanna scare you but we e-filed @ TSC on June 8, had our FP July 8 and I-485 is pending @ TSC. It still took 67 days to get CPO e-mail on 8/14 and we finally got our cards 8/20. So altogether 73 or so days.
    Hope this helps



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