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  • gapala
    03-20 09:50 PM
    There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1

    1. You are not counted against the cap
    2. Need to prove you are in status.

    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.

    Ok, Here's what law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference




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  • mashu
    07-31 08:53 PM
    ... and prepared the following documents to be send:

    -Copy of a e-filed I-131 receipt (.pdf, received right after submission, credit card payment reflected)
    -Copy of Notice of Action for e-filed I-131 (received from USCIS, paper)
    -Copy of I-485 receipt
    -Copy of last Advance Parole
    -2 photographs.

    I hope this is what is required as supplemental docs.

    Best wishes!!!




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  • mybid2003
    09-12 10:38 AM
    bump...




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  • c9411010
    03-17 03:25 PM
    what does this mean ?

    assuming 290000 seats passed of which 35 % is EB3 .. would make it 101500 seats.. if country restriction is 10% then it would mean just 10150.. is my understanding correct. . ?

    does the specter bill have any country limitations... ?



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  • santb1975
    04-27 02:02 PM
    Thanks for your contribution

    Thanks for your very clear directions... Just made a one time contribution of US$50.00 through PayPal and the receipt number is as follows.....

    Payment Sent (Unique Transaction ID #3UM47167F79761703)

    Thanks !!!




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  • swarnapuri
    12-01 09:50 AM
    Thanks for bringing this up!

    god_bless_you, Thanks for the book suggestion!



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  • Hinglish
    03-21 03:03 PM
    Dude...read your post properly...u are making a statement...u r not saying it is what USCIS thinks...

    And nobody is insecure over here..it's just people like u who have made this forum a place of hatred between people of different countries....

    Didn't u learn on day 1 of ur job?...read a few times before u post/mail to anyone....u have no right to use words EB3 and unskilled together...

    If u think USCIS thinks that way....pls mention it so...Get a life

    FYI...I AM INDIAN

    OOOPs you are an Indian.... and how does that affect this discussion?
    My mistake .... I thought you were a normal person discussing immigration related matters on an immigration forum and hence have the ability to discern, understand and have some background on immigration law, USCIS




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  • bestofall
    06-25 02:21 PM
    Called Rep's Office , message taken ,
    But the advise is they will be more concerned more if the call is from Rep's own district



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  • mirage
    02-11 08:43 PM
    Guys,
    There's no doubt CIR is going to be brought in this year. How much of it or any of it will get passed, is the issue. Congress, as last year is determined to amalgamate us with the illegals so they can freely oppose the bill and indirectly kill both kind of immigration. I think we should put all our resources towards lobbying and make as many friends on the hill as possible.




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  • mpadapa
    09-21 10:34 AM
    485_se_dukhi, thanks for U'r suggestion about meeting local lawmakers. Indeed that is exactly what ppl had done on Sep 17 - Sep 19. We just covered about 150 lawmakers thats just ~1/4 of the lawmakers. Everyone can do the lawmaker meets at their local office, it doesn't require lot of effort just a few phone calls and few hrs to spare. Atleast one person from U'r state chapter would have attended the lawmaker meeting, U should contact U'r state lead on this and proceed further. Also those people who already attended the lawmaker meets are coached on what (not) to say during such meets..

    I am sorry to say that "undocumented ppl" have more sponsors in Washington than that for EB-based immigration ppl:D We can sit and whine on forum, unless we take our issues to the forefront (lawmakers and media) no one is going to bother us:p Thats reality:D


    How about meeting all our local congressmen and lawmakers in the next few weeks??

    Since one of our key issues is educating people about our plight, it would be good to meet some of our local senators/representatives and explain our side to them.

    Many of them are equally clueless about the difference between green card backlogs and H1 B visa limits (my local rep for example), legal and illegal immigration etc.

    So instead of holding a rally so close to this one, why not have a few more lobby days or meetings with our reps??

    Incidentally I like the idea of sending doughnuts/pizzas to the media people specially CNN...:) for obscuring our rally and misrepresenting it as "Amnesty demands"...:rolleyes:



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  • svam77
    07-23 11:34 AM
    You got me wrong. I am not saying that, we are safe side filing this way.

    Its better filing than not doing anything ....As simple as that .......

    If people get their receipt, well and good ....or else just file and forget .....

    But dont sit idle just because ur attornery does not want to file ....

    Dont think too much about the mail room or the employees or the contractos there or whoever ...........As I said, if u have receipt well and good, or else just file with other docs, but do file ....




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  • canadianinnyc
    02-22 04:22 PM
    Please disregard above posting; I did my research and have figured out my above questions.

    Thanks again.



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  • jsb
    08-07 04:23 PM
    I had been there in US for 7 yrs (3 yrs in L2->1yr out of US->4 Yrs in H1B). Saw the myths and tragedy of US GC process very closely. Didn't want to spoil peace of life and my hard earned money with USCIS and lawyers:mad:. Didn�t look at the US GC application and applied for Canadian PR. Came to Canada with PR last year from US. Peacefully settled in Toronto with nice job and benefits, bought my brand new car 4 months back. Nice and friendly people and government. Happy to be in Canada. No more stamping issues, tons of junk paper works, consulate visit PA and wired look from immigration officers at POE�. enough�. I am not going back to US even for a visit in next 5 yrs..�

    But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D

    To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
    Just my 2 cents.

    Great. I agree one hundred percent. Once you have lived in Canada for a year, you will never want to look elsewhere. People and govt are no comparison. Both are very very helpful. You really feel at home in Canada.




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  • rpatel
    07-19 12:16 PM
    Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.

    Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.

    Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.

    Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".

    If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)

    NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.

    I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)

    May be you might also want to change your handle...GCby3000 doesn't sound that optimistic



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  • gondalguru
    07-01 01:38 PM
    I would recommend shusterman.com -- one of their lawyers Ms Najfabadi is extremely efficient, fast. Overall this lawfirm is very influential (with uscis, dos, senate, etc) and will help you out if you get stuck somewhere in the process and will get u out of trouble by hook or crook (upto the extent the law permits).

    I would strongly recommend you to talk to the attorney I mentioned.




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  • walking_dude
    10-08 09:59 AM
    Here's the venue, time etc. which has been put up in the beginning of the thread. I'm also PMing you.

    IV MI chapter Meet
    Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
    Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
    Time : 10:00 am sharp ( no ISTs)
    Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.

    I will put you under may be! Hope to see you at the meeting

    Can somebody post the exact logistics (location address, time etc....). I would love to come, so put my name under MAYBE category. If in the last minute my plans get changed (not in my control unfortunately), I will come on my own from Lansing......



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  • ivx
    05-21 05:26 PM
    100$ through Paypal
    Transaction ID: 3TU45415NE853021P

    Way to go Sugaur. Thanks you all for the effort.




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  • GCard_Dream
    05-14 02:21 PM
    It seems like the group I am currently working in will shutdown in few months and more than half of the people have left the group already. I, therefore, need to find a job in next 4 months or so. I am a computer engineer by profession but trying to pursue a career in SAP functional field or DBA and looking for some advise from professionals in the field on training requirements/opportunities, career opportunities in different SAP modules, and how to basically get started.


    What sort of help are you looking for? Please elaborate so that someone can help you.
    Thanks.




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  • vivid_bharti
    07-27 04:00 PM
    Guys, I just checked my bank statement and it seems they have cashed the check for mine & my spouses fees, but haven't cashed the check for my Son's AP renewal. I am already wondering what's coming in mail....They'll never let you sit in peace...

    USCIS's moto : strip them to the last penny then drag them to their last breath




    sobers
    06-29 09:44 PM
    awesome news logiclife!

    whether folks like immigration or not, there is growing realization that the country needs people with the right skills. its a question of competitiveness.

    I mean if i were running a corporation, I would get the best person for the job irrespective of where he comes from. A company is only as good as the people working for it- its as simple as that.

    IV's CIR amendments can definately improve this bill....hope they are incorporated. As ones suffering from the backlogs and retrogression, we know what will be helpful..hopefully they listen to us too while they formulate policy about us.




    supers789
    08-20 08:26 PM
    Fragomen applied for my PERM application last year. The rule is - either advertisement start date or end date should fall in "wage survey duration of 3 months". They didn't follow that. And my PERM got denied. Immediately they applied for my PERM. And it's stuck in Audit. And not to mention, even though it was their mistake, they took fees from employer for filing 2nd PERM.. saying DOL wasn's clear about this rule, and never rejected any application before for this reason.. So its not their mistake!!



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