Tuesday, August 16, 2011

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  • hydboy77
    08-21 01:01 PM
    There is no such thing as a cooperative employer in this economy. I will give you an example, recently in my wife's company they had advertised for a genuine job and on the first day they recieved 200 applications!!!!!!!!!!!!!!!!!!!!!!!!. The hr after one week has not been able to review just the first day responses. because of situation like this no company is willing to even file for eb3 labor leave alone eb2. Because they cannot justify a perm labor when they are recieving dozens if not hundreds of resumes. It is because of situations like this that labor department is becoming stricter and stricter by the day. The post below seems to suggest even if you get audited you will get approved in 1.5 to 2 years. In this environment where unemployment is rampant there is very little chance of success in getting perm approval even in eb3 so dont be under any illusion that no matter what perm would be approved. It will not be approved under current market conditions because of hundres of resumes to perm advertisemsnts. it is because of this reason that a vast majority of companies have decided not to sponsor green cards. there is no such thing as a "coperative employer" in this economic conditions. Companies are being forced to send employees away from US because there 6 years of h1 are comming to an end and they are not able to file green card in this economic conditions.

    OP - If you have a cooperative employer, I would say go for it. Given the rate at which EB2-I is progressing, you will get GC much sooner although the PERM process for EB2 may take a long time. Assuming you get an audit on your PERM, even if the entire process takes 1.5 years, you can get your 140 in PP and once your PD is ported, you are current. Even if the entire process takes 2 years (worst case), it's worth the effort. EB3-I will move at a very slow pace. As others suggested, you wont see significant movement till EB2-I is current.

    Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.

    I'd say go for it. Good luck!





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  • kittu1991
    03-17 08:50 PM
    He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.

    It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.

    It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.

    That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
    :rolleyes:





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  • sanjeev_2004
    09-25 03:12 PM
    I got email today that EAD card production ordered.





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  • GCIsLuck
    10-05 02:31 PM
    No relation between these IRS checks and 485 process

    sssss.. lot of relief now.

    well I got the tax guidelines aloong with the audit and it mentioned 3 years



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  • gc_chahiye
    10-16 06:07 PM
    gc_chahiye,

    Thanks for your suggestions.I checked with my Lawyer about the job title .she says job responsibilities matter in this case.Job title is for any company's internal designation it seems.

    I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.

    The term Technical Recruiter is very generic This job can be done by any person who doesn't have any technical background .But If a person with good technical skills will bring more value to the company.

    The area which i'm focussing is basically IT Sales.Company which is offering me this Technical recruiter position is impressed with my technical back ground and hiring me.They are actually looking for some one who is very senior and having good amount of experience with Technical back ground specially ERP Packages.The role is also not confined to just recruiting but meeting the clients and bidding the tech support and new impementations for the company.

    I personally see lot of career growth in this path.But unfortunately there is nothing one can do in this matter.

    Thanks,
    h12gc

    I am little more confused now: even if we ignore the title for a moment, none of the duties you have described:
    - hiring software engineers
    - bidding on tech support and new implementations
    - meeting clients to bring in new business
    seem to be inline with that of a software engineer...

    I would be uncomfortable about this, but if you believe your lawyer can prove the job duties are substantially similar to that a software engineer in case of an RFE (again going by the O*NET codes as thats what USCIS looks at) you can take a chance.
    Atleast get a second opinion from another, good attorney before you decide anything. The market is in general good, and there are lots of jobs around, dont lose years of your waiting time because of one lawyers interpretation of the rules just for the sake of this position.





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  • sri1234
    02-15 12:01 PM
    H1 B Alien need not be paid all the time. I guess one can be on unpaid vacation for a while. pls see below.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.



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  • ameryki
    03-09 03:32 PM
    I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.

    Thanks In advance

    don't make this mistake. renew it here in US even it means you postponing your travel dates....it is smooth, simple and effortless here as opposed to in india.





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  • rb_248
    09-11 01:15 PM
    The frustration in the EB3 community is very intense. I hate to see this become a feud between EB3 and EB2. We all are in this together. Please stop hating. Just 1 post brought my reputation down from 4 greens to 2 reds.



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  • ameyzzin
    08-21 01:39 PM
    bump





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  • texcan
    08-23 02:19 AM
    TSC applied july 2nd..still waiting..no update not even checks cashed.



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  • DSJ
    05-30 01:09 PM
    I had similar issue with my spouse H4, then I applied her H4 again before the I-94 expires on the pass port. In my case (h4) costed only $200, I didn't wanted to take a chance then applied and got the extension. If you want to safeguard your status, you better apply for H1 extension, if it is really expiring they will extend your H1 otherwise they might return saying you cannot apply for extension prior to 6 month of expiring.

    So decide yourself, don;t ask peoples opinion too many times, you always get mixed results.

    NOTE: according to my employer, I-94 given at the POE super seeds all the other form of I-94.

    I visited my local USCIS office and the officer told me that they don't do I-94 updates and asked me to contact the CBP office. When I called them up to get an appointment, I got transferred to a lady who asked me the details. After listening to my case she said its perfectly okay and asked me to attach the new I-94 from the 797 to the passport. Is this true?

    I am trying to get hold my lawyer but in vain. Please help!!!





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  • waitingmygc
    11-30 05:37 AM
    Hi EkAurAaya,

    Congratulations!!!

    Please share more info on what steps you undertook to utilize your sopouse EB-2 PD from your already filled 485 as EB-3 primary.

    It will help others too.



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  • BharatPremi
    04-05 08:10 PM
    Thanks to everybody who took time to share their opinions here.





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  • anirudh74
    10-05 09:37 PM
    Good one Arihant :D :D



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  • thomachan72
    06-16 12:54 PM
    Great topic. wating one more year would mean 12 more months of rent. so even if the house depreciates it would break even considering the lost rent. This is just my opinion assuming that the depreciation would be less than 5-10% till next summer. Experts please list out the hidden costs involved in mortgage for new home buyers to be careful about.





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  • kumar_77
    06-22 08:41 AM
    Any Updates on this ... When is the Full House Hearing Scheduled , it was supposed to be on 23..jun



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  • StarSun
    08-16 09:28 AM
    Pappu,
    Do I need to post my question on this thread or I can pass it on before in time to StarSun or you? B'cause posting my GC issue with personal information would not look appropriate on a public forum.
    Let me know.
    If there are personal details that is related to the question, please send the details to IVCOORDINATOR@GMAIL.COM Have the subject line:
    IV Username, Aug 19, Conf call.

    Can we post a question now or only after 8:30PM Thursday?
    You have to be present to ask the question on the call, and therefore we prefer if you posted the questions on Thursday.





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  • kode
    01-03 02:04 PM
    I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!

    I agree. I'd need about a year or so :P

    plus .. this will be my first attempt at pixel art :sleep:





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  • glus
    01-25 08:10 AM
    [QUOTE=macaca]USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?

    I





    omahaguy
    04-09 05:34 PM
    You are right axp817, but small correction.
    Company A (old company) attorney filed I 485 based on the I-140 approval from
    company A.





    mirage
    03-19 03:39 PM
    Nothing at all for Green Card mess



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