Thursday, September 1, 2011

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  • STAmisha
    12-22 08:59 AM
    My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated

    Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?


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  • satyasaich
    11-18 05:03 PM
    Should out of status H1Bs be locked up or deported... - Dice Discussions (

    H1B Immigrants are fighting with each other on websites and here antis are discussing this

    First of all, is your profile legitimate? It shows your PD as Dec'07 / EB3/India and you are in 485 processing??????

    anyway, as long as some fools doesn't admit the facts and realize the changing world, all those forums / blogs / hatred etc; will be just a waste of their time. ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market.

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  • masti_Gai
    08-28 10:13 AM
    how could u open a company being on H1???
    how does ur friend work though???
    does he have a valid visa like a Green Card or something...
    coz am sure u couldn't have gotten him a H1 visa as u urself are on H1

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  • mik
    06-13 05:16 PM
    My case is a bit complicated. So, your advice will be of great help.
    Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.

    After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!

    Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!

    Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.

    So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
    Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?

    Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.

    take care,


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  • Blog Feeds
    08-12 09:50 AM
    There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.

    How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

    But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.

    These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.

    Read the press release from USCIS here Download file (

    More... (

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  • sundarpn
    07-22 04:20 PM
    My attorney has asked for the I-485 to be printed:

    double sided with Flip to Top option.

    Did anyone else do the same?


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  • moonrah
    07-27 05:41 PM
    I have ETA number for my application, is there any way to get PERM related information out of it for pending application? Is ETA number enough for AC21?

    Any help please?

    Thanks in advance.

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  • 485Mbe4001
    04-09 07:47 PM
    I think that it was a trial balloon. I have seen this pattern for most of the major issues this administration is planning to tackle. Take TARP for example...for a month one would just hear leaks about proposed solutions. Media would pick it up and give a reaction, the next leak would be an updated version based on the feedback. Such articles help keep the issue in the forefront, help gauge the reaction (both positive and negative) and provide a simple exit to backtrack incase of major opposition. :rolleyes:


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  • Jimi_Hendrix
    12-14 12:26 PM
    Why do you say that we would be shut out from any assistance from these agencies after the Nuclear deal goes through?

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  • a_paradkar
    08-05 02:36 PM
    Its my company policy. hence thats the reason why.


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  • sfhdweb
    12-27 01:17 AM
    Does .net framework give access to complete functionality of Windows OS?
    Is .net used by Microsoft to build any applications. If so please give some examples. Is win32 api and C++ or is .net with C# the preferred way. When is win32 api used explicitly?
    great information its very helpful to me

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  • smwarriar
    08-13 04:31 PM

    Congratulations on getting the F1 approved !

    I am also planning to convert my wife's status from H4 to F1. I would really appreciate if you could answer some of my doubts since I am also planning to apply F1 for my wife:

    - What are the precautions needed to be taken so as to avoid rejection ?

    - Can you send me the sample Cover letter you used for your application. I heard that its really important in decision of the application.

    - Also is it better to show the financial amount in Banks + Stocks ( would this potray as potential immigrant since money is inside USA ?). Or should I also show some property back in India so that it shows the ties back in india ?

    - I will be the sponsor for my wife and since I am on H1-B , will that have a negative (-ve) impact since H1-B is for DUAL intent visa category for immigration & temp work ?

    - How to show property valules in India ? An Affidavit or Original documents or how to combine all together ? does everything need to be certified by SAME lawyer or an authorized Attested official (because if yes, will an Indian Attested document suffice ?)

    Thanks once again for your help , I really appreciate it... have a good day...



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  • reddymjm
    03-11 05:51 PM
    Just woke up??

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  • alien2006
    07-14 01:25 PM
    I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

    If the I485 is already filed I don't know if it can be amended.

    I'm no attorney so you need to throughly research this.

    This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.


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  • peer123
    12-05 06:48 AM
    Hello friends,
    Can any one who has used existing labor please comment of my question


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  • gc_lover
    06-22 12:30 PM
    should this be in color or B/W ?

    B/W would do it.


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  • sangmami
    07-17 02:06 PM
    Just Posted
    Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)

    saw in aila...any details

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  • golgappa
    09-10 07:16 PM
    I dont think so..

    but you never know..

    But my guess is as long as your employer will give you a letter saying they will hire you once your GC is approved, you should be GC is for future employment.

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  • amsgc
    01-23 11:23 AM
    Let me start my saying that H-1B status and H-1B visa are, somewhat related, but two different things.

    If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.

    Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.

    Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
    Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.

    If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (!

    Good morning all of you:
    If you had the experience of renewing your H1B visa could you please advise how is the process?
    Thank you for any feedback .

    08-24 11:45 PM
    A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
    Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
    Since he is born in India so reluctant to file under EB-2 due to endless wait.

    Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.

    04-23 06:49 PM
    Thanks aruben for your reply.

    the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.


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