Saturday, June 25, 2011

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  • jsb
    03-25 03:53 PM
    Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).

    My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.

    "contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.





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  • chanduv23
    11-06 10:11 AM
    They are your in-laws!!! Are you sure you want them here? Think about it. :-) Jokes apart, its a pleasure to travel in Jet. My parents did travel - they can't speak English nor really read well - the crew helps them (in Hindi or Gujarati). You would have to be really knocked out to miss connecting flights in Brussells. So worry not - they'll be just fine.

    Good to know, thanks.





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  • san3297
    06-29 03:36 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.





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  • satya1234
    03-26 01:11 PM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.



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  • bkarnik
    07-21 04:34 PM
    I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(





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  • pool_abab
    06-16 06:07 PM
    Receipt date 5/13 WAC receipt
    Card production ordered : 6/16



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  • waitnwatch
    05-17 11:39 PM
    The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?

    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.





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  • meragcdedobhai
    10-27 12:39 PM
    to Motivated...

    It seems like sheep when we are in touble to we are running helter skelter.



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  • suratvoice
    12-17 10:46 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?





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  • whitecollarslave
    02-06 05:27 PM
    I don't think an employer can force you to repay the green card costs if you leave them as soon as you get it. That is illegal and against the law to make a foreign national pay for the costs of green card sponsorship!

    I know its against the law to make the employee pay for H1-B application fees (not attorney fees). I have not heard about any law that prohibits employers from making the employees pay for green card costs. Can you provide information on where you go this information and/or point to some credible source which we can use as a reference in case we need to?



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  • sys_manus
    01-28 09:48 AM
    I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2

    As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.

    When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.

    Life goes on...

    PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.

    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?





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  • kaisersose
    04-28 04:22 PM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

    This is how I see it.

    What you should really consider is to see if there are possible reasons for your spouse's 485 to get rejected.

    If you cannot find any, then simply switch to EAD.



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  • Libra
    09-26 12:17 PM
    No, I got my EAD approved and still waiting on I-140 approval from NSC.

    I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?





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  • rajenk
    08-21 12:55 AM
    Ok,

    Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.

    Thanks
    Raj



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  • narikg
    06-15 11:09 PM
    Passport should be valid for more than 6 months for applying I 485.
    If somebody can answer that would begreat





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  • realizeit
    03-20 09:12 PM
    jnraajan: Yes, you are right! That's what I was saying too.

    "...If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton ....."



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  • FinalGC
    10-16 01:52 PM
    Kambi:

    Based on current stats,

    LC - It will take about 4 months from the date you initiate your case with your lawyer
    140- Eb2 or eb 3 will take from 4 weeks to 4 months
    485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

    However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!





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  • wandmaker
    08-14 06:44 PM
    Congrads. Did your dependent got approved I-485?

    Yes, we received everything together (email, welcome notice and card).





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  • arc
    04-14 09:50 AM
    You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?

    On a side note:
    If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?

    The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!





    schandra
    11-25 09:10 AM
    Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
    I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
    Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
    Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
    But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
    What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).





    larmani
    04-29 01:50 PM
    Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.



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