Friday, June 17, 2011

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  • ARUNRAMANATHAN
    06-11 03:03 PM
    Is there reason you say that I cannot port the PD ...? Please explain.

    Arun


    You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

    This is just my view. There might be better ways but, that is the only one I can think right now.




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  • Juan28210
    11-03 05:16 PM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?




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  • sweet_jungle
    02-25 03:55 PM
    If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.




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  • Rajeev
    11-26 02:54 PM
    Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).

    Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.

    I will contribute $100. I am also planning to attend the rally.



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  • dilbert_cal
    04-27 12:37 PM
    for_gc

    PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.

    But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.




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  • pappu
    10-23 11:01 AM
    Significance of Priority date???
    PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
    After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
    Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.



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  • onemorecame
    08-21 04:14 PM
    There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).

    are you in EB2?




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  • morchu
    04-22 02:07 PM
    Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.

    I agree with the other post, you probably might be better in India in this economy.

    Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.

    To answer your question, you chances for 2010 H1B is extremely low.

    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks



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  • redgreen
    10-08 06:26 PM
    Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.




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  • walking_dude
    01-31 09:39 AM
    A friendly reminder to all MI members. Write personalized E-mails to your newspapers. This may be our chance to make the lawmakers and the media aware of our issues.

    Please participate in a campaign which is very important to all of us.



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  • chanduv23
    11-20 11:16 AM
    Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.

    http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html

    This is a significant development and one is likely to affects us all.



    .

    Hmm interesting - I can smell CIR coffee brewing.

    EB folks - brace for a bumpy ride




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  • newxyz100
    07-17 04:34 PM
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.

    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?



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  • maverick_s39
    01-20 11:11 AM
    looking at the recent trend i am not so sure if dems are going to do anything on CIR anyway, MA senate race is more like a referendum to president and congress policies, if president or dems think otherwise they are making a huge mistake, time to push aside health care reform and concentrate on economy and jobs, any immigration reform bill in this economy is not going to happen, i hope they do something to revive the economy!




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  • chanduv23
    11-20 11:29 AM
    Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.

    Well what I intend to say is - their influence is definitely there in framing laws.



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  • krishnam70
    02-22 09:40 PM
    Hi Kris,

    Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.

    Thanks.

    Amulchandra

    I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE

    Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO

    If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..

    good luck
    kris




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  • chanduv23
    09-10 02:40 PM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.

    During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)



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  • illusions
    04-21 02:42 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.

    Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.




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  • needhelp!
    08-23 06:38 PM
    I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!

    Join here (they will need your phone number)
    http://groups.yahoo.com/group/texasiv




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  • dixie
    08-23 11:37 PM
    Recognize that there are many among us who have Phds from top 5 schools and are currently employed as professors and researchers. Many of them are in EB-2 and going through this same BS as you and me. If you feel so frustrated and betrayed, imagine what these professors and researchers must be going through. Life is never fair .. that is nature's way.

    Some people will inevitably get a GC on a platter .. whether that is by way of winning a diversity lottery, or family immigration or a fake marriage. No point wasting time in self-pity.


    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..




    thepaew
    02-07 11:43 AM
    I am not in the IT field - and my data set is limited.

    But based on conversations with some friends from my BTech batch, the range seems to be 22 Lakhs to 40 Lakhs per year. I went India to look in to salary costs on behalf of a VC firm last year and found most good programmers would cost more than Rs. 2Lakh per month. The survey was done in Bangalore.

    Of course, these were individuals who could hit the ground running.

    Hello Friends,

    Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for a IT guys? What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US. I have no clue, no rough idea, so I thought may be I should ask you guys.

    Regards,




    mchundi
    07-09 12:44 PM
    Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....

    Anybody in same boaT?
    Me too. Upgraded to Premium on 20th june. No updates yet.



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