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now days there is a SEPRATE quota for RETURNING WORKERS in Us consulte for renewing stamp. I used it 6 months ago. I Went to VFS on 23rd Nov 2005 and got appt for 30th Nov for stamping @ mumbai consultate. Got stamped and collected passport same evening in person.

hope this helps .

Guys,

Pls participate in the survey for your own good. We need these figures to show the worth of our community to whom it may matter.

at this juncture quota-exempt organizations looks like the most feasible option

Thanks guys. Thanks a lot for all these information.

So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?

Thanks.

As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

Correct me if this is wrong...

but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....

Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....

As discussed above with cyrus mehta's blog: This is all discretionary:

My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".

Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".

Good Luck.

Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers

trying go get an answer if any one can give some insight?

Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.

Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.

Hi boston_guy147

Are there any OPT Electrical Engineer positions?
A friend is looking ..
Is there an email/ph to contact you?

Thanks

This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

Thanks a lot - your help is much appreciated!

If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.

guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...


also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..

Not sure about SS benefit. You can't do anything anyway with it now. If you are young, consider it gone even if you were US citizen at the moment.

If you withdraw your 401K now, you will have to pay taxes, plus 10% penalty probably. Depanding on your employer's 401K program policy, some allows money to stay if it exceeds certain minimum. Be sure to check the vesting policy. You can always roll it over to an IRA of your choice.

You need to realize that 485 is a separate application when you file for yourself or your wife. So all the documents mentioned in 485 imply to your wife application too. Few changes need to be taken care
1.If 140 is pending or approved in texas your wife application should go to texas
2. If 140 pending attached the labor approved copy.
3. Employment copy instead of original.

Hope this helps

Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date

So both cases are now current, which leads to a couple of options for AOS:

1. File based on approved EB3 (and risk a potential retrogression in future)

2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

My case is also similar and I decided to go with EB2

My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.

Hello

My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)

I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?

Could you please advice if you info on this?

Regards

Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?

Hard stop at June 30th....

Read on CNN that west coast is hitting 125 in some places...if thats the case guess you guys should be good not wearing any suits...would look odd:eek:

Its a good idea but make sure you guyz are comfortable. It must be hot out there.

What a coincidence.....

1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

I do not know what to do, I am thinking couple of situations.


I. File 485 with EB3.

Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140

Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.

II. File 485 with EB2 labor (concurrent filing)

Advantages:
Less chance of retrogression.
Quicker path to GC.

Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.

Hi

I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

Do i stand any chance if i contact DOL or a lawyer not payin' them.

Any suggestions or help would be greatly appreciated.

Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...

That is from 2007 to 2010 ....Thanks

3 year H1 extension from date of application (for example: June 2007 to June 2010).

If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.

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Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.

Guys,

I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

http://capwiz.com/aila2/issues/alert/?alertid=9589591

Letter content pre-exists if needed you can change.

Let's inundate senate & other members with what we are facing..

-IV2007
EB2 Labor Pending

Thanks for more information
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.

you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.

Thanks
J thomas


Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam