Thursday, June 9, 2011

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  • gbof
    09-01 04:11 PM
    Congrats to you....I am still waiting.

    Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?




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  • TeddyKoochu
    10-26 02:32 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!




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  • BharatPremi
    07-10 01:01 AM
    Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.

    This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:




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  • sb0k
    11-08 07:46 AM
    hi..u forgot to add this
    http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381



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  • hdos
    06-11 09:31 PM
    Hi,
    I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.

    for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.

    after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.




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  • arunsush
    02-01 11:31 AM
    Anyone knows a good attorney in PA/NJ area? Though location is not that important but service is.

    Check your PM.



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  • boozereddy
    10-02 10:33 AM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)




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  • sieger007
    05-27 02:07 AM
    Hi krishnam
    I too have got I140 Approved already in Sept 05.
    My concept was that once I140 is approved you are free. Employer cannot do anything.
    After 140 approval can employer do anything to jeopardize the GC Process.
    Anyway
    2005 140 is approved.
    2007 I left employer to work in non US Location. ( No US Income )
    Was in good terms with him though.
    2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
    Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
    Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
    Can you throw some light about how this works ?
    Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
    PLEASE KINDLY ADVISE ME
    Thanks
    Sam



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  • bp333
    07-02 11:58 AM
    Per the updated bulletin. Can we apply or not apply 485.

    Also, how come they didn't know on May 15th when the moved the dates to 2003..

    All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.




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  • EB2_Jun03_dude
    11-29 04:15 PM
    yes I did. Here are my details

    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.



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  • hazishak
    11-03 01:07 AM
    What do you guys think? USCIS will listen whatever IV says? Also NSC received more applications than other service centers. So it is reasonable for NSC to be behind.

    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks




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  • sri1309
    01-11 09:08 AM
    threat of losing your job is very high..as every prediction says its going to be more bad..

    i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced


    I think we must not just wait for someone to take lead, but we must do it ourselves. We can spread the message to as many as we can. I think spending a few min a day isnt a bad idea afterall to get the attention. I read 500,000 are waiting, but where are the votes, when I login to obama site recently. At the most I could see 160-200 votes for some questions. I told three of my friends who didnt even know that the site existed. Pathetic.
    Unlesss all raise their voices, it will not be heard.. Dont wait for others for templates. Write your own stories, mention we are legal, paying taxes for 5-10 years, long waiting, can buy house, and if denied we can go back with Citizen children, and will return back after 10-15 years when kids sponsor, to consume social sec, medicare, etc.. and that we can create jobs. write ur own story, do mention we are from INdia and Eb2/3.

    Dont feel surprised to hear next week "I am sorry, but company isnt doing very well and we are not getting projects as expected, we like you for being with us for 5 years, but YOU'RE FIRED, in two weeks.. I have no money to pay. You will also loose your medical insurance. And as per law, I must cancel your H1 visa. "

    Yes, now you have enof time to really worry about and bring attention as you dont have a job and money.



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  • cagedcactus
    07-25 07:13 AM
    Thanks friends. Just a reminder. I am not using any pre approved labor. This labor was mine. The company filed it for me in august 2003. Then I 140 was filed in may 2006 after labor approval.
    That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
    Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
    Is it possible?
    thanks for your kind inputs.....




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  • saps
    11-06 03:53 PM
    How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???

    Dear President-Elect Obama,

    Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
    We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.

    1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
    2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
    3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.


    We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.

    Suggestions for relief to immigrant community:
    1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
    2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
    3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
    4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
    5. Allow temp visas for family members who are stuck in lines for Family based immigration.

    Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.

    We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.

    Thank you
    Your supporters
    Legal Immigrant Community



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  • like_watching_paint_dry
    03-15 01:13 PM
    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off

    It's not an optional or goodwill thing. With a little bit of googling around here's what I found:

    Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.

    Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm


    You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.




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  • uumapathi
    08-19 08:59 AM
    My wife just got her EAD yesteday and it was for 2 years. I am expecting mine today and I hope it will be for 2 years as well and interestingly, my I140 is still pending.



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  • desi3933
    07-26 08:08 AM
    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.




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  • masouds
    08-27 02:40 PM
    What do you guys think about the movement in EB3 ROW cases starting from October 2008?

    Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?

    140000 is the total worker -> immigrant visa numbers.
    28.6% of which goes to EB3, which becomes 40040. That is for everyone: China, India and Rest of us.
    Subtract the 14% of that number (that is the dedicated number for people born in China and India), it will become 34435. That is your theoretical number and includes applicants' wives and children. Now, unused EB1 and EB2 will come down to be used by EB3, so the number may be lower or higher.

    Now there is something I do not understand: (from http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html, September visa bulletin,)

    D. VISA AVAILABILITY FOR OCTOBER

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


    ...

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
    Worldwide Family-sponsored preference limit: 226,000
    Worldwide Employment-based preference limit: 162,704

    Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.


    WTF?




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  • Blog Feeds
    05-28 01:20 AM
    They say that America is the land of opportunity, and therefore, so many people desire to Immigrate to this country.

    Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.

    When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.

    The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.

    When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.

    Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.

    My 2 cents.







    More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)




    shana04
    05-16 01:38 PM
    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.

    Any suggestions to get copy I 94? please share your exp.
    Thanks in advance




    jasonmc86
    07-27 08:01 AM
    http://social.msdn.microsoft.com/Forums/en-US/csharplanguage/thread/39cbc46a-2ad5-4300-8f08-4ca1469d6f76/

    Found my answer:


    DialogAddTo.RestoreDirectory = true;

    added that line before .showDialog() and it fixed the problem...



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