Saturday, June 11, 2011

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  • akhilmahajan
    11-14 09:01 PM
    ^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^




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  • maine_gc
    04-20 11:44 AM
    Thanks for the reply.

    We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.

    I am also checking with the Attorney.




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  • ashkam
    04-21 02:21 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit

    There's no such strings attached. You can convert from H4 to H1B whenever you want without the quota applying to you, as long as you
    1.> Haven't spent a year outside the US, or
    2.> Have your I-140 approved, in which case (1) won't apply.




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  • winguru
    09-16 10:51 PM
    Done



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  • thomachan72
    03-30 10:08 AM
    talk with the senator or other political people. with elections fast approaching they might be willing to help out. :D:D:D




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  • buehler
    11-20 11:25 AM
    Hmm interesting - I can smell CIR coffee brewing.

    EB folks - brace for a bumpy ride

    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.



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  • desi_hardcore_techie
    08-13 12:32 PM
    oye chappan... ever been to indore?
    there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)

    Chappan Dukaan is too good...even non indorians have heard about it...
    I just had a morning dream that EB3 will be current in coming months.
    May all EBs get current and all desis can switch jobs/companies/professions....
    Good Luck to everybody!




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  • kumarh1b
    01-28 05:16 PM
    Can some please advice me how to proceed further Please find the denial notice for your reference. All your inputs means a lot to me. Please help me and guide in proper direction.


    on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.

    However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.

    The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.

    As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.

    Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.

    Consequently, the petiton is hereby denied.



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  • keerthi
    05-13 03:32 PM
    Thanks again.

    I will consider the L1-A during the re-filing. Any idea on how long it will take to get the petition approved if I re-file by this month?

    The USCIS processing times indicate a 2 month backlog for I-129 petitions.




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  • cptbaseball
    05-14 11:22 AM
    Hi attorneys,

    I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?

    Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???

    Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?

    Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?

    Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?

    Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?



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  • Templarian
    12-08 03:24 PM
    Congratulations guys. :tini:


    congratulation to all winner... especially to winner who use the "stargate"[...]Thank You :fab:




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  • samshah
    07-14 09:34 PM
    We are in Houston and are interested to join.



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  • funny
    09-16 01:25 PM
    Just cut short that Coffee/Tea/water break around the water cooler and make those calls today...




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  • puskeygadha
    12-02 07:32 AM
    but employer keeps the LC and I-140. If I move to new employer
    what is the proof that my I-140 was approved.

    Thanks



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  • drona
    08-31 12:47 AM
    Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!




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  • chanduv23
    12-15 11:40 AM
    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,

    As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.



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  • Karthikthiru
    11-09 05:03 PM
    Just completed




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  • royus77
    09-22 08:17 PM
    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....




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  • gc_buddy
    01-08 07:36 PM
    He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.

    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help




    h1-b forever
    04-22 08:33 AM
    small correction:
    president is not a member of the congress and neither are the judges (separation of powers)


    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.




    swarnapuri
    06-26 12:48 PM
    There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?



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