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Member Profile: JayBharat (120 posts)

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Hello, I'm JayBharat (report this user)
I am from India
I last logged in on 27 Jun 2017
I have been a member since 24 Jun 2011
I have added 120 posts in trackitt forums
I added my last post on 29 Nov 2016
JayBharat's Immigration Cases
 
PERM case: Approved in 215 days (19 days less than average)   (5 comments)
User: JayBharat Nationality: India
Priority Date:20 May 2012Category:EB3
Audit Received?:yesAudit Received Date:30 Jul 2012
Reason for Audit:The doc we received has 3 audit request 1. Provide DOL proof of recruitment process 2. Info about "telecommuting" or "roving" resumes 3. Info about employee referral programAudit Replied Date:14 Aug 2012
Application Status:approvedApproval/Denial Date:21 Dec 2012
Total Processing Time:215 daysDays Elapsed:
Case Added to Tracker: 02 Aug 2012 Last Updated: 28 Feb 2013
Notes: It was approved on Dec 21st.

H4 EAD case: Approved in 23 days (45 days less than average)   (2 comments)
User: JayBharat Nationality: India
Application Type:new applicationService Center:Phoenix
Filing Method:paper-basedApplication Filed:26 May 2015
USCIS Received Date:27 May 2015USCIS Notice Date:29 May 2015
USCIS Receipt Number:WAC159036436*RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:approved
Approval/Denial Date:18 Jun 2015Card Production Ordered:18 Jun 2015
EAD Received:Total Processing Time:23 days
Most Recent LUD:18 Jun 2015Days Elapsed:
Case Added to Tracker: 03 Jun 2015 Last Updated: 24 Jun 2015
Notes: Delivered: 05/27/2015 09:41 AM Signed for By: J.LOPEZ
JayBharat's Posts
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Posted in I-140 Forum on 29 Nov 2016
Topic: New Rule - Retain I140 during Job change.

even if your employer files a revoke on I-140, it doesn't get done in a few days. Its likely that it will take few months.
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Posted in I-140 Forum on 31 May 2016
Topic: Company name Changed - I140 approved

To be honest, you will not be able to do anything even if you know the answer. I would suggest going to attorney since I-140 is not in your hand, its all employer and your attorney. I would think there might be an I-140 amendment for this kind of situation but not sure. I was looking into this when my company going to be sold to another one but that didn't happen.
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Posted in I-140 Forum on 03 Mar 2016
Topic: Employer Denying I140 Approval Notice - Pls help!!!

I think it is worth taking a chance on applying H4 EAD without a copy of I-140 approval since at least you have the receipt number. Based on the receipt number, USCIS should be able to verify your I-140. Worst case scenario, you may get an RFE. I don't see why USCIS can't validate I-140 based on the receipt number.

My suggestion, for the peace of mind, I would file FOIA then file H4 EAD. Anyway, You won't get an EAD immediately even if you have an offer on hand. Now a days EAD takes 90 days or longer due to USCIS processing delay.

Hope this helps.
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Posted in I-140 Forum on 03 Mar 2016
Topic: Employer Denying I140 Approval Notice - Pls help!!!

I think you should file FOIA and you can get the copy.
But having the receipt number is really good for you. With the receipt number, you can at least login to USCIS case status page and it should say that your petition was approved.
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Posted in I-140 Forum on 10 Feb 2016
Topic: I-140 EAD approved by OMB

Friends,

There is a 5 comments a day campaign started from FB group, skilled immigrants in America. https://www.facebook.com/groups/SkilledImmi... and a whatsapp group is formed. We have about 100 members in that whatsapp group and all of them are at least putting 5 comments a day.

If anyone wants to join, message me your whatsapp number and I can add you to the group.
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Posted in I-140 Forum on 04 Feb 2016
Topic: I-140 EAD approved by OMB

Guys,

Please post at least one comment a day. I'm have probably added about 20 comments so far. I'm trying to do one a day. Here's today:

This rule is not giving freedom to the legal immigrants.

Things I like about this rule.

1. I-140 revocation policy where employer can’t withdraw I-140 after 180 days.
2. Clarification on porting the priority date.
3. Grace period for 60 days.

But its lacks a few very important things.

1. Unrestricted EAD
2. Advance Parole
3. H1b visa stamping while staying in USA. The drop box facility which was available in early 2000.

Freedom is very important for everyone, otherwise whoever control them have the full advantage of however they want to use them. Many of us wants to start the business here. If we are starting a business in USA, who will benefit the most out of this? of course, American workers and American economy. How many successful businesses in the USA were started by an immigrants? You already know the answer and contribution of immigrants in this country.

I see a lot of people putting a comment that we don’t need more workers in the USA. They don’t understand we are already here and have jobs. We are not stilling any jobs. If we get the freedom, employer abuse will certainly stop. Since we are currently tied to employer, employer can treat however they want and they can use to displace American workers. We absolutely don’t want to displace any workers at all.

No other country keep legal immigrants in limbo for getting permanent stay like USA is doing. The immigration system of USA is more than 20 years old which only for employers and attorneys. Their intention to keep making more and more money, they don’t care about legal immigrant’s rights or their life. If you want to restrict foreign workers in the country, apply 7% country limit on H1b system and see the impact on the market. It’s totally unfair that we are the victim of 7% per country cap. It should be first come first serve regardless of your birth country or define the stay limit like how UK is doing. After certain number of years being legal immigrant, you can request permanent status.
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Posted in I-140 Forum on 13 Jan 2016
Topic: Attorney Screwed - I140/H1 in Limbo - What are my options

My suggestion would be go on H4 EAD. You have way more flexibility by staying on EAD.
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Posted in I-140 Forum on 20 Oct 2015
Topic: Obama EO: EAD for approved I 140

Sometime life just happens :). You are not alone.
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Posted in I-140 Forum on 13 Oct 2015
Topic: Obama EO: EAD for approved I 140

I've asked him already this morning and if I replies, I will update here.
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Posted in I-140 Forum on 29 Sep 2015
Topic: USCIS Flower Count

14 + 1 = 15 so far.
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Posted in I-140 Forum on 31 Jul 2015
Topic: Obama EO: EAD for approved I 140

Can you post a directly link for IV's comment on this regulation? http://www.regulations.gov/#!documentDetail;D=U...
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Posted in I-140 Forum on 28 Jul 2015
Topic: right time to change job???

My suggestion is to get your transfer done first with approved I-140 and resign with your current employer. H1b transfer can also request extension with it as far as I know. Since you are starting the new PERM, you still have an option of retaining prior PD as long as your current employer doesn't revoke for fraud.
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Posted in I-140 Forum on 18 Jul 2015
Topic: Role/Job change within the company

This is the current rule. I know admin fixes adds the flexibility on getting promotions but who knows when those will be implemented.
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Posted in I-140 Forum on 18 Jul 2015
Topic: Role/Job change within the company

I'd been in this situation. When I talked to Attorney about this, he said when you green comes you would need to take the position that was applied for. You can officially take another position while your gc application is pending. No impact as far as I know.
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Posted in I-140 Forum on 17 Jul 2015
Topic: Please Help!!!H1B Transfer. Is it the Right time to Change?

That's great.

I do trust IV if they say significant, I believe them. Because they have at least talk to the right people to get this information.

Lets consider that you have changed the job and your I-140 is not revoked. If the PD becomes current for you, do you have an option of talking to your previous employer and file I-485? You do not have to work for petitioning employer, its only for future. I doubt the prev employer would be interested but this came to my mind first. Using EAD you can do contract work for your previous employer, if that's a good enough incentive for them. check on that. How practical this sounds to you? Probably none but thought to mention. If this happens, you will miss the turn.

What would happen if you miss the turn? What change it will bring to your life? If you have a good job in hand and you know that they are going to file, you will probably get a GC 2 years later. Is that the cost worth changing the job? Answer this yourself.

I-140 EAD - I believe this is not coming this year, the earliest it will come early next year. so determine if it is worth waiting.
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Posted in I-140 Forum on 17 Jul 2015
Topic: Please Help!!!H1B Transfer. Is it the Right time to Change?

The only way all of could file AOS only if all of sudden VB dates becomes current, which IV indirectly said its not going to happen. I still not don't understand the logic on how the VB dates will move faster. My expectation it will move faster but how fast, no idea. If you are EB3, its currently 2004, I doubt that it will become 2008 in few months.

One interesting you can possibly think about if there is anything you could arrange will current employer so that they don't revoke if your I-140. If you can do this, you could possibly win both the sides of the argument. Because your fear is current employer revoking your current I-140 and new employer may take longer to file (assuming).
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Posted in I-140 Forum on 17 Jul 2015
Topic: Please Help!!!H1B Transfer. Is it the Right time to Change?

My guess is as long as your current employer doesn't revoke the petition, it should be considered. What came out yesterday in the reports, no one knows the timeline.
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Posted in I-140 Forum on 17 Jul 2015
Topic: Please Help!!!H1B Transfer. Is it the Right time to Change?

I would say make an educated decision. EB2 is definitely the right way here but I would also think about best/worst case scenario and your risk tolerance. Put something on the paper just for yourself, get all the points noted down and then make the decision. Then even if things doesn't work out the way you expected, at least those will not be unknown to you and you will be better prepared to digest/handle it.

Nothing comes without taking the risk.

I would also say that try to get something in written from your new employer that makes them stick to the plan of filing in certain timeline if you can. I know it would be difficult and they would add all sort of clauses. Management changes are not new thing now a days.
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Posted in I-140 Forum on 16 Jul 2015
Topic: Obama EO: EAD for approved I 140

I'm sure IV and so many others here will post a link as soon as they find it :).
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Posted in I-140 Forum on 11 Jul 2015
Topic: Got laid off. Need urgent help!

this can be a very good point.

If find a new job, you can do h1b transfer to new employer with your previously approved I-140 and you should get 3 year extension. You don't have to work right now for sponsoring employer to get extension.
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