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  • Cheran
    02-15 11:42 AM
    Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.





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  • kramesh_babu
    08-06 08:23 AM
    Hi,

    I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
    Can anybody throw some light on this?

    Thanks,

    Shruthi07

    Online status shows:

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Case Transfered to Another Office for Processing

    On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
    ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
    notice explaining this action. Please follow the instructions provided
    on the notice. We will notify you by mail when a decision is made. If
    you move while this case is pending, call customer service at
    1-800-375-5283 to update your address. You can use our processing dates to
    estimate when your case may be processed by following the link below. You
    can also receive automatic e-mail updates as we process your case by
    registering in the link below.

    Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?

    On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.





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  • Blog Feeds
    08-12 09:50 AM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:



    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.


    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)





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  • gcseeker2002
    04-13 08:56 PM
    Is it enough to get 3 year extension with courtesy copy of I140 approval ? I am asking this because my company has just given the courtesy copy.
    Also I understand that the old Eb3 PD can be used to get extension(how can employer revoke approved labor certification ??)



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  • Jerrome
    05-20 04:46 PM
    bump...





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  • atlfp
    06-14 09:43 PM
    Based on these reasons:

    1. EB legals doesn't really count when it comes to the consideration. For one, the numbers that are suffering are too small; for two, what you go through is nothing in the eye of Kennedy's --- you have a job, you have enough food, you are not dying in the desert....you are having a pretty decent life, except that you wanted more;

    2. Senators like Sessions can still argue that "so many legal people are waiting in the line", because you are indeed still waiting even though you can now file 485. So allow you to file doesn't really change their argument;

    3. What makes you think that if you shut up they are going to have a easy day? It's not like that you have any teeth to bite any way.

    So the PD moves forward is definitely a good thing regardless how CIR plays out.


    Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....

    No one can stop it.

    Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?

    Do you know how many people will stop giving a damn, because they just filed their 485 s?
    People like me who are result of bad practice employers are still here, and lucky ones will depart.....

    We have been dealt a crucial blow here.



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  • getgreensoon
    02-24 09:41 AM
    Sorry about the denial. I had a friend in the same situation. BE + MBA from IIM Cal. His I140 rejected too....for the same reason may be....even IIMs accept 3 year degrees and that is what caused the issue. The more i read about these things, the more I think that MBA is not considered equivalent to MS for the I140. Even though MBAs have more challenging jobs and earn way more than people with MS. It all boils down to demand supply thing. Many people in the US have MBAs but not MS.





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  • ramraj_02
    10-19 09:30 AM
    Hi folks,
    Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)

    Thanks



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  • user1234
    08-22 03:54 PM
    Hi
    I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
    Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
    I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
    in case my H1-B gets rejected?





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  • rafraf
    07-27 08:24 PM
    Sorry for this long post. I just have to let it out...

    I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.

    So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.

    We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.

    I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.

    The job position is Electronic Security Engineer. I am in Systems analysis and Application development.

    I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).

    Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.

    Thanks for your advice.



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  • uma001
    08-31 01:25 PM
    My current reporting structure with my employer is:
    Client -> Prime Vendor -> Consultant X -> My employer

    Another consultant is ready to transfer my visa and the reporting structure there is

    Client -> Prime Vendor -> My employer

    A prime vendor (not the same client) is also ready to transfer my visa

    Client -> My employer


    I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

    Is there a way I can ask an attorney directly (I am willing to pay for that service)

    Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.





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  • lucas92
    05-02 09:13 PM
    nice. I like. i laugh
    lolroflmaololmaoroflroflmaool



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  • vivaforever
    08-08 02:24 PM
    Wake Up NSC Campaign !





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  • eagle2020
    05-11 01:23 AM
    I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:

    1- How long does it take to convert the B1/B2 visa into an F1 visa?
    2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
    2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?

    Thank you very much for answering!!!



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  • gchopes
    11-15 10:58 AM
    The NC DMV is taking a really long time to validate my EAD. Its been over 60 days now since my license renewal based on EAD expiring October 2010. They keep sending me back with a temporary license valid for 15 days saying they are yet to validate and issue my perm license based on EAD.





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  • raj2007
    04-02 09:22 PM
    Hi Gurus,

    Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.

    Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.

    I have the following question :

    1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
    2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.

    Please advise.

    1. Use Ac21
    2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
    Otherwise you can take a vacation on H1.
    For Cp you have to withdraw your 485 application and refile your application.



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  • Ectheo
    05-09 06:13 PM
    Alright, I'll change it. I'm gonna try and find a fancy Calligraphy font...Think that would look nice?





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  • gcpool
    08-07 04:18 PM
    I think this is the standard message. The message told to me is below

    "All cases received before 2006 are being worked on. And cases filed later on might be worked on after 6 months."

    More over the lady sounded very pissed off.


    But if you go to there are cases filed later than sep 2006 getting approved.





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  • akr_roy
    09-21 11:13 AM
    I received the receipts and FP notice. Waiting for EAD/AP.

    PD: OCT2006 TSC
    RD: 24th July 2007 TSC
    ND: 12th Sep 2007 TSC





    venky321
    08-16 12:36 PM
    Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law – Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)

    From Murthy law firm.

    MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)





    vselvam
    12-04 01:30 PM
    July�07 filer - H1-B renewal after filing I-485 (12th Year)

    Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.

    The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
    ----------------------
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or

    365 or more days have passed since the filing of an EB immigrant petition that is still pending; or

    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
    -------------------------------------

    I have filed my I-485 during July 2007 as like many others. My PD is March 2004
    Got married after the filing and still maintaining my H1 and brought my wife on H4.

    I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.

    This is my 12th year H1 renewal.

    6 year 2005
    1 year 2006
    1 year 2007
    3 year 2010


    Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?


    Thanks
    Venkat Muthusamy



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