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  • gapala
    04-22 02:53 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.

    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.




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  • americandesi
    07-05 04:50 PM
    I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

    I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

    Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

    Anyone gone through my kind of situation before. Please send me a PM.

    I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.

    Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.




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  • sekasi
    11-30 02:16 AM
    I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..

    and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P




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  • santb1975
    03-24 12:37 PM
    I am listening to this now



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  • r2i2009
    09-21 09:47 PM
    Thanks...your replies were compassionate and philosophical in a way.
    Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.

    See tonnes of people going back----are we chasing something we are not supposed to do?




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  • piyu7444
    05-08 02:21 PM
    :confused:
    I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.

    Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?

    Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?

    Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)

    Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?



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  • pitha
    08-04 05:07 PM
    I too dont have an A# on my my I-140 approval. Does the I140 receipt notice have an A# on it. I dont have the receipt for the i140.

    I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?




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  • raysaikat
    04-22 01:20 PM
    thank you so much
    I was thinking the same.
    so do you think should i transfer to H1B and how does it happen.
    thanks for sharing your opinions on my query.

    Your employer applies for H1-B, not you. Find an employer who is willing to offer you a job and willing to petition H1-B on your behalf. As long as the H1-B quota is not exhausted and the petition was correctly filed, etc., you will get H1-B.



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  • pappu
    01-21 11:54 PM
    i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
    Thanks. Any little help from any member is useful in this effort. Imagine the sumtotal of all efforts if every member helps us in some way or another!




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  • anilsal
    08-05 08:34 PM
    To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......

    Nice....;)

    Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)



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  • pappu
    03-17 03:55 PM
    Upcoming Teleconference
    Export Controls Requirements on Form I-129: A Conversation with the Commerce Department

    March 24, 2011, 2:00 – 3:00 p.m. EDT

    The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
    How to Participate

    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.

    Teleconference procedures

    1.
    To ensure your participation, we encourage you to RSVP 48 hours before the call.
    2.
    Please send us your questions and issues related to the teleconference topics ahead of the call.

    If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.




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  • desi3933
    02-04 04:47 PM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered......

    Did she ever report for work for H-1B employer in 1998?
    Was her original H1 visa cancelled or revoked?
    Are 60 days up since her B1 visa entry?
    Does she has valid job offer along with recent LCA?

    If her H-1B visa number was re-used, she my be subject to H-1B visa cap.


    ____________________
    Not a legal advice.



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  • pappu
    03-17 03:55 PM
    Upcoming Teleconference
    Export Controls Requirements on Form I-129: A Conversation with the Commerce Department

    March 24, 2011, 2:00 – 3:00 p.m. EDT

    The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
    How to Participate

    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.

    Teleconference procedures

    1.
    To ensure your participation, we encourage you to RSVP 48 hours before the call.
    2.
    Please send us your questions and issues related to the teleconference topics ahead of the call.

    If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.




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  • kicca
    01-24 09:48 PM
    ^^



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  • GCwaitforever
    07-14 09:59 AM
    If the provision to let people apply for I-485 without current PD passes, that takes away some pain related to waiting. Nobody can predict when EB3 will become current worldwide or country specific.




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  • babu123
    07-16 05:56 PM
    oh man!! Still not resolved. Have to see how it goes



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  • freakin_gc
    01-31 12:57 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.




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  • bkarnik
    09-19 06:26 PM
    Recently, I heard the same thing from someone else (was it stucklabor??). It appears that USCIS is being proactive and granting three year approvals once I-140 has been approved. So, there is a chance that this is what happened in your case too.

    Either way, since, this appears to work in your favor, I would suggest sending this question for the lawyer call. If it is accepted and answered, it will be posted on the forum so that you and others in similar situation get a definite reply.

    Bkarnik.




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  • freakin_gc
    01-31 02:15 PM
    Thanks for your feedback..won't you think column 15 in lc won't help? it mentioned as 'Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements'. I also submitted an educational evaluation...

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
    There is a high possibility that you will get an RFE and you will need to reply for the RFE.

    Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.




    eb3_nepa
    04-27 06:12 PM
    Not sure if this has been posted before. If not here goes. This is on immigration-law.com.

    Does IV know anything about this?

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
    <br><br>

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.




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    08-25 02:08 PM
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