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permfiling
02-23 06:11 PM
Hi,
My advice is to stick with the same company till u get ur ead. If you move, any company will take 6 ~ 8 months to start the PERM process. I noticed that companies do mention that they will start as soon as you come on board but that never happens as they know your visa status.

I switched companies after 140 was approved at a big company and I paid the price by joining a startup which closed but I moved on before it closed.

I have yet to file PERM but I get to retain my PD

It is my personal opinion based on my experience. Most of the employers don't keep up their word as promised.







Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?

I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?

A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

Thanks
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dhesha
08-14 08:04 PM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
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reddysn
06-17 10:46 PM
I dont know about it

But you may want to read this for the procedure for applying waiver for medical issues

http://faq.visapro.com/Immigration-Medical-Exams-FAQ9.asp


All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.

I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

Please guide me.

Thanks in advance.
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ArkBird
11-01 03:41 AM
They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
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letstalklc
05-31 09:09 PM
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?

One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.

I would advice you better check in advance as soon as you have job confirmation
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crystal
07-12 10:11 PM
EndlessWait I hope ur wait will end soonI can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:

1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????

cmon guys help me with this.i'm running out of ideas..:D
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chanduv23
03-20 03:39 PM
yes, looks like a lot of things are going on. before the bill hits the floor, a lot of workarounds, changes etc..... everything happening in closed doors
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invincibleasian
02-05 07:24 PM
Quit the company asap and transfer the h1 to a diff company!
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nikolainikitin
12-06 04:44 PM
Hello, Dear Colleagues.
Sorry that is not quite in the topic copyright immigrationvoice.org appeal,
want to open a long blog or forum about pneumatic weapons (http://www.pnevmatika.su/), but never with the board software and the blog can not define.
Need engine because of the blog and forum with the normal protection against spam, and then my friend found a forum filled with spam, and its already after 2 weeks.
And you are a software engine for immigrationvoice.org use? Which script forums and blogs I choose to open a forum about air guns?
I'll be glad to any advice, thanks in advance.
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bkarnik
04-02 10:04 PM
I agree with raj. IV goals are clearly mentioned on the homepage and it appears its activities so far are consistent with its stated objectives. As a self funded group with limited resources, the fronts on which the battle can be fought have to be selected. Currently, the struggle is to get legal, high skilled immigrants on temporary working visas a more defined and timely path to their long term career and life goals. There will always be issues which the core group will hopefully consider and act on in the future.
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deardar
07-06 10:55 AM
Brother why ?
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nogc_noproblem
07-18 11:10 PM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

I have EAD and AP but wondering why I can not transfer H1B?

I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
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krishmunn
02-15 12:53 PM
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.



And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.

OP Inquired about the process does not mean that he is Involved in the process.
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dilbert_cal
04-24 11:39 PM
If your previous company has closed down, there isnt any way you can port the PD.

PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
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Alabaman
03-26 02:55 PM
...and whats this poll going to do for us? I agree. Could we include location also in this poll. Salary & Location.
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abh
08-21 11:04 AM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
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skalra
03-19 11:06 PM
If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.

I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
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usirit
07-30 11:20 AM
Nixone;

I really hope / wish you don't get audited.

DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.

Good luck...

I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
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sertasheep
08-23 09:42 PM
Dear IV Members,

We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.


--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

Name:
City/Area:
Added 08/26/2006: <<Country of citizenship>>:
Question:

REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

--------------------------------------------------------------------------
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bskrishna
04-09 12:45 PM
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09-01 04:05 PM
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