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  • VisaHelp
    07-26 09:23 AM
    I wasn't filing for an extension but rather a transfer of my H1B. It expired while waiting for the transfer. Do you think that might make a difference....negatively?

    My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.

    Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.




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  • rbalaji5
    11-17 10:46 AM
    Hi -

    If we go to mexico by road, do they take my i-94 at the U.S border and issue a new i-94 while coming back?.

    I knew lot of IV members went to mexica for H1 stamping.. Please advise.

    Thanks.




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  • godbless
    11-02 01:55 PM
    Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

    Can you request your brother to sign up on IV after his work at his facility? Every member counts!

    Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.




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  • InTheMoment
    05-17 06:17 PM
    Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.



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  • Cherry2006
    06-28 12:25 PM
    Guys...Thanks for the suggestions .

    I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .

    Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.




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  • desi3933
    03-15 06:59 AM
    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.

    Incorrect!

    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • number30
    03-05 07:30 PM
    It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic




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  • diptam
    07-09 01:23 PM
    Respected Sir,
    I feel compelled to say that we the struggling immigrants from India
    do not get much help from Americans whose roots are from SouthAsia/India.
    There may be few exceptions - but the majority is kind of neutral.

    Look at the Latino peoples - check out how much support they gets from Latino-Americans. Without that we can't be on Front page .

    I'm not pessismistic but a its a grim reality.

    Those southasian americans dont forget to say "I love my India" for various financial/personal gains but never ever mistakes saying "I love indians also"

    Thanks

    Yes and we have a tough tough task here - don't be surprised if they come up with wiredest ways to punish legal high skilled as days go by - we can see more frustration among those legal immigrants coming to US.

    What we can do

    MAAKE IT AS VISIBLE AS POSSIBLE



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  • morchu
    04-29 09:45 AM
    Your question 1 & 2 is the same.And you already know the answer.
    YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.

    Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
    Thanks Krupa for your reply.

    Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

    1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

    2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

    As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

    Business Analyst:Finance,Health care,ERP,Insurance

    QA Analyst: Functional QA (ERP or any other applications)
    SAP QA,People soft QA,Oracle apps QA etc


    All the above jobs are paid average $110k(Minimum 90k)

    My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

    3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

    Thanks for reading my post.Any inputs will be appreciated

    Thanks
    h12gc




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  • mnkaushik
    05-14 11:11 AM
    FYI - last year I was current on August 1st and got my green card email on August 30th. There were plenty of people who did not get it that month and got it following month.

    If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.



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  • bsbawa10
    08-14 11:11 PM
    dude, there's gibberish in the sheet.............is this the right link?

    Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.

    My humble request to all please act responsibly.
    Do not edit somebody elses data.
    Do not add/delete/modify any column.
    Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
    I will sort the data according to PD periodically.

    You can add your own row at the end . Also please please do not sort the data.




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  • glus
    01-02 10:05 AM
    Hi All,

    Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
    (RFE due date Mar10)
    Here are my doubts:
    1. can i go to india & comeback with AP in hand
    2. Do i need to wait for my i-140 approval
    3. my question is what if my i -140 rejects ??


    Appreciate your feedback..

    Thanks!!!!!

    I would say the safest way would be to get I140 approved first. If I140 is denied, your I485 is in most cases denied at the same time, and then you become illegal if you are in the U.S. after entering on AP.



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  • senthil1
    09-12 11:29 AM
    There is no doubt Obama admin is trying selective protectionist measures not only in immigration but also in trade.

    The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)

    Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.

    AILA Leadership Has Just Posted the Following:


    Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

    Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

    The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

    More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

    The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

    While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)




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  • sidbee
    10-26 04:21 PM
    I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.

    This is totally wrong information.

    If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.

    If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.



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  • DSLStart
    10-01 09:30 AM
    search forums here, people haven't gotten their FP renewal notices even after requesting number of times to USCIS. Request from congress member compels uscis to move their butt.

    Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...




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  • chocolate
    09-26 02:55 PM
    You can start Greencard application in EB2 after receiving the MS degree in December 2006. H-1B and GC are two separate entities.

    any help appreciated. My labor got cleared from BEC. It was filed under RIR category . The minimum req for the job specified in LCA is BS+5 yrs+2 months.Salary is 80k/yr.Does this qualify me for EB2 also the ETA form has my qualification as my BE+MS .Also it specifies my past experience before joining the company. In my previous experience i was promoted and worked in a fortune 500 company .Will this qualify me for EB2. Also i heard that the category is determined in 140 stage.any help .thanks in advance.The occupation code also specifies that 65% or more in this job have bachelors and masters .Also it was mentioned it requires years of work experience for this job.Will this qualify for EB2. I am eager to know as i am from rest of the world and i can file 140/485/ead/ap together now.Any inputs.



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  • gcwait2007
    09-14 08:09 PM
    My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

    In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

    Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

    I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

    Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.




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  • sandy_77
    06-20 11:51 AM
    I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
    Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).




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  • forgerator
    08-20 02:07 PM
    https://www.nvars.com/Production/userhome.aspx

    Seems like NVARS has introduced a new process which is supposed to be more streamlined for getting appointment online but I am not sure of some of it's verbage.


    We want to ensure that applicants already in the scheduling process are not negatively impacted by the change. In order to ensure you receive the visa services you have paid for, please review the guidance below regarding transition timetables.

    * Applicants who have already scheduled an appointment at a U.S. consulate on or after September 1, 2010 through NVARS:

    If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010 and bring your Scotiabank receipt with you to your appointment. If you have not already scheduled an appointment, we recommend that you wait until September 1, 2010 or later to pay the MRV fee and register through the new service.


    I highlighted the text in bold. My appointment is scheduled for Vancouver on Sept 8. What does this mean to me? Will I need to be physically in Canada prior to September 1, to be able to go to a Scotia bank and make payment there? This is insane. I still haven't gotten my canadian visa stamped on my passport so I can enter Canada.

    Anyone aware of this or impacted by this?




    raghuram
    11-10 12:57 PM
    Even though the immigration is the highest priority for all of us on this web site, that is not the same with Mr. President elect. He has to take care of other pressing issues like economy, Iraq war etc. first.

    Therefore, I don't think it would be worthwhile to spend our resources for at least 6 more months. Once he settles down in the office and other things start moving, we can try at that time.




    mkrisa
    08-11 01:23 PM
    bumping



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