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Member Profile: vishal1981 (108 posts)

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Hello, I'm vishal1981 (report this user)
I am from India
I last logged in on 19 Jan 2018
I have been a member since 02 Dec 2011
I have added 108 posts in trackitt forums
I added my last post on 20 Jan 2018
vishal1981's Immigration Cases
 
I-140 case: Approved in 11 days (163 days less than average)   (0 comments)
User: vishal1981 Nationality: India
Applicant Type:primaryService Center:Texas
Category:EB2Priority Date:12 Jun 2012
Application Filed:12 May 2013USCIS Received Date:13 May 2013
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:23 May 2013
Total Processing Time:11 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 13 May 2013 Last Updated: 23 May 2013
Notes: went from "clocked stopped" to "approved" in 3-4 hours on 23rd May 2013. Till that time was in "acceptance"

PERM case: Approved in 244 days (10 days more than average)   (5 comments)
User: vishal1981 Nationality: India
Priority Date:01 Dec 2011Category:EB2
Audit Received?:yesAudit Received Date:05 Mar 2012
Reason for Audit:yet to receive all details from lawyer..but some his mail I understand I need to send the PWD proof again and the advertisement proofs. I am sure the lawyer did submit it don't know why they are asking the same again. Will update on when I get to know morAudit Replied Date:01 Apr 2012
Application Status:approvedApproval/Denial Date:01 Aug 2012
Total Processing Time:244 daysDays Elapsed:
Case Added to Tracker: 02 Dec 2011 Last Updated: 13 Feb 2013
Notes: I however left that company and joined a different organization. I dont remember the approval date..It was sometime in August 2012.

PERM case: Approved in 310 days (76 days more than average)   (4 comments)
User: vishal1981 Nationality: India
Priority Date:12 Jun 2012Category:EB2
Audit Received?:yesAudit Received Date:12 Aug 2012
Reason for Audit:Ad mentions - "Relocation likely". DOL has asked as explanation for that requirement. Audit Replied Date:06 Sep 2012
Application Status:approvedApproval/Denial Date:18 Apr 2013
Total Processing Time:310 daysDays Elapsed:
Case Added to Tracker: 13 Feb 2013 Last Updated: 18 Apr 2013
Notes: Masters plus 2 years exp. H1b expires April 18th 2013. Laywer has sent an "expert opinion letter".

H-1B case: Approved in 58 days (36 days less than average)   (2 comments)
User: vishal1981 Nationality: India
Application Type:extensionService Center:Vermont
Processing Type:premiumApplication Filed:03 Jun 2013
USCIS Received Date:04 Jun 2013Receipt Number:EAC1317351755
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:31 Jul 2013
TN Status:Most Recent LUD:
Total Processing Time:58 daysDays Elapsed:
Case Added to Tracker: 31 May 2013 Last Updated: 26 Jul 2015
Notes:
vishal1981's Posts
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Posted in I-140 Forum 9 hours 43 minutes ago
Topic: Changing to a DataScientist role from Software engineer role

Hi,
I am trying to get into data science and have been preparing for interviews. My PERM/I140 was filed for a typical software engineer role. My questions are:
1. Will I be able to port my priority date if my PERM is approved or am I stuck with a software role?
2. Will I have to get experience letter which explicitly mention data science skills?
thanks for your reply in advance,
v
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Posted in I-140 Forum on 19 Jan 2018
Topic: Dilemma - Should I or should I not change jobs?

Thanks for all your responses. I think I will take the offer. I too feel that 2012 priority date is now where close to being current plus new immigration laws may not take effect this year. The only thing that I fear is the whole PERM/I140 pain that I will have to go through but so be it.
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Posted in I-140 Forum on 18 Jan 2018
Topic: Dilemma - Should I or should I not change jobs?

Hi,
I wanted some advice to help me resolve my dilemma. My PD is Jun2012. I have my I140 approved. However there have several rounds of layoff at my current employer and hence I ventured out and found a position. My current employer however is persisting that I stay and has given me a verbal assurance that things will be find for atleast an year, MAYBE more. The new employer is ready to file for my PERM/I140 in a few weeks of joining. I am confused whether to stay or not to stay. The financial benefits aren't that big if I switch. My main concern is,
1. What if a new rule comes in effect and I don't have my PERM/I140 filed?
2. The sheer pain of redoing the PERM/I140 bogs me down.
3. Staying back would mean living with the stress of getting laid off.
I understand that only I know all the other parameters to make a decision but this forum seems to be a place where a lot of people have really good insights and I will appreciate your opinion.
Please advice.
thanks,
V
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Posted in I-140 Forum on 15 Jan 2018
Topic: Has anyone applied for the Canada Startup Visa program?

Hi,
Has anyone applied for the Canada startup visa program? Is that a good way to get Canadian PR if you have a good idea and are able to secure VC funding?
thanks,
V
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Posted in I-140 Forum on 14 Jan 2018
Topic: Is it possible to change job on h1b visa these days?

I am in the process of doing it. Here is what to expect:
1. RFE during H1b transfer - There is a high probability of getting an RFE irrespective of how kosher your case is.
2. Low leverage - Employers may under ball you by showing you the Greencard perk.
3. Personally for me I fear the uncertainty of a rule change after I have transferred and before I have filed my PERM/140. There are several what-if scenarios such as the date moving rapidly or a new immigration law being enacted which may leave me high and dry since I might not have my PERM/I140 in hand.
That all being said, I am taking the risk. I hope I a doing the right thing.
-v-
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Posted in I-140 Forum on 04 Dec 2017
Topic: H1b intense scrutiny - is there a silver lining here?

"What makes you think you are so special anyways? "
Where did I imply that? I am not the reason for people getting RFEs am I? Hell even I have got one. So what is wrong in asking an opinion on how the changing dynamics will affect us. Stop being so judgemental. If you don't have an objective answer to offer than don't hit reply.
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Posted in I-140 Forum on 04 Dec 2017
Topic: H1b intense scrutiny - is there a silver lining here?

Given the intense h1b scrutiny now and with so many h1b extensions being rejected, do you think this all has a silver lining for us who have their I140 approved? I know its sad for a lot of folks whose h1b are getting rejected but I am just wondering what impact would that have on the eb2 queue? Even if say 10% of the h1b which were rejected don't apply for their 485 in the future since they have moved back and the employer no longer wants to purse GC wouldn't that advance the queue? I have seen such an effect after the 2008 recession when the days moved ahead dramatically because of less number of applications in that year. Does my argument has merit or it is just wishful thinking?
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Posted in H-1B Forum on 29 Nov 2017
Topic: Traveling to India with valid h1b stamp

Hi,
Given the current situation with so many RFEs and denials, have you heard of any issues with coming back into the country when you have a valid h1b stamp good for couple of more years? Are they also doing anything out of the ordinary at the port of entry?
I plan to go travel to India.
thanks in advance,
Vishal
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Posted in I-140 Forum on 20 Sep 2017
Topic: Next important date for us?

Apologies for a lil vague question but what are some of the next important dates for us I140ers in terms of,
1. New announcement from the Senate/house
2. Any new bill that will be tabled
3. Any other major or minor changes to legal immigration?
Is there anything important coming up this year that we should look forward to or at least be aware of?
I heard the H1b premium processing was reinstated which is good.
thanks,
-v-
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Posted in I-140 Forum on 13 Sep 2017
Topic: Can approved I140 from old employer still be used for H1b?

Thanks for confirming that. Yes, I understand the conditions a & b. In my case the date is not going to be current for atleast a few more years so I don't want to push for immediate filing when I am talking with potential employers. Its just another hurdle in getting a new job if you have to ask for immediate GC filing.
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Posted in I-140 Forum on 13 Sep 2017
Topic: Can approved I140 from old employer still be used for H1b?

My understanding was an approved I140 from a previous employer can be used to get H1b extension from the current employer several times. The current employer doesn't has to file PERM or I140. Has that changed? Appreciate your reply.
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Posted in I-140 Forum on 13 Sep 2017
Topic: employement change after I-140 approved

Please correct me if I am wrong but my understanding was that you don't have to file PERM and I140 with the new employer and keep extending your h1b with the new employer using the I140 of the old employer until the date gets current. Has that changed?
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Posted in I-140 Forum on 10 Sep 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

This is really unfair. They are considering DACA recipients on the grounds that they have spent most of their lives here but so have we! Plus we paid our taxes! And didn't avail any educational benefits which they did but still they are favored over us. Really really frustrating.
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Posted in Federal Skilled Workers Forum on 20 Jul 2017
Topic: Basic questions about FSW

Hi everyone,
Please don't mind me asking some basic questions. I am a newbie to FSW. My story is the same as most of you: H1b with I140 and endless wait for GC because of which I have decided to try my luck with Canadian PR (must have not heard that before ;))
I did my basic search but I like the insights on this forum hence some basic questions..
1. I am in IT and heard that I can apply for FSW. Is that true?
2. Is it recommended to go through a lawyer or do it on your own? I have a lawyer asking me $2000 for the application and then again $2000 if I get the invite.I don't know if it is worth it or not.
3. Does the IELTS test score matter or is it just a pass or fail that they are looking for? Based on that I will prepare for it.
4. Overall, what is your opinion on the PR in Canada versus wait in US for GC. I know its a loaded question but would appreciate any input.
thanks in advance,
-v-
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Posted in I-140 Forum on 12 Mar 2017
Topic: Points while preparing I140 Reference letters

Here is what I have learnt,
1. Reference letter has to be on the company letter head. If that is not possible then the person signing it has to notarize it.
2. Make sure they explicitly mention each and every technology that you specified in the job profile for PERM.
C, C++, JAVA eveything. (You may think C++ implies C but the person reading this doesn't know that).
3. They should all add up individually to the number of years you have claimed in the PERM ad. So for e.g. C total 5 years then in your reference letter the years in C should sum up to 5 or more.
4. No need to go overboard and exaggerate what a great x-employee you have been. Kept it to the point and make sure to mention all technologies clearly.
Please google around for examples. I found several when I was doing this.
5. Read, proof-read 10 times before getting it signed.
6. One per employer should be fine (it is the number of years that should tally up).
hope that helps.
Vishal
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Posted in I-140 Forum on 22 Jan 2017
Topic: Looking for some good advise/options. Nearing H1 6yr max limit

1. Do you mean Freedom of Information Act (https://www.foia.gov/)? Yes, that's what I meant.
2. That may be a big difference. My company did have an office in India HOWEVER I didn't work from the India office. I worked from home. I don't think my working from India made any difference to the company tax etc. else I would have come to know for sure.
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Posted in I-140 Forum on 21 Jan 2017
Topic: Looking for some good advise/options. Nearing H1 6yr max limit

I was a in very similar switching a few years ago. I can share with you what I did.
1. Can't you obtain the original copy of the I140 via the right to information process here? They do provide I797 copies if your employer refuse to give it for sure. I am guessing it should be the same for I140.
2. Yes. I asked this question specifically to my immigration attorney and she said absolutely yes. I can work from India and I don't technically even need an H1b visa. She said the visa is only needed if I am physically within the US. I was paid my US salary while I was in India for around two months. No issues whatsoever.
3. Not really. You can take an unpaid leave. I don't think that will be an issue.
4. Don't switch to another visa because then you will be subjected to the H1b lottery since yours will be treated as a new application and not an extension.
5. Message me if you want more details on what I did.
BTW..I hope you already did all the time recapture and all that for your h1b.
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Posted in I-140 Forum on 17 Jan 2017
Topic: Does old I-140 looses it's PD if the PD is used for new I-140

hi,
Is the 'similar job' restriction applicable to I140 also or is it only for I485 EAD portability? Please can you point me to the rule if you don't mind?
thanks,
-v-
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Posted in I-140 Forum on 15 Jan 2017
Topic: Does old I-140 looses it's PD if the PD is used for new I-140

hey guys,
Is it really that you can only take up a "similar position" to retain your PD after your I140 is approved? Please can someone clarify?
I always thought that rule came in after 485.
If someone can point out the actual rule that will be awesome! thanks in advance.
-v-
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Posted in H-1B Forum on 08 Dec 2015
Topic: Traveling on handwritten passport on 14th Dec 2015?

Hi,
I know there is an advisory in place to renew the handwritten passport but I am already too late and have a trip planned next week to the Bahamas (Cruise not flight).
Has anyone traveled on a hand written passport after Nov 2015? If you don't mind can you please share your experience and oblige?
regards,
Vishal
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