Tuesday, August 16, 2011

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  • mygc2006
    04-08 11:55 AM
    please see my signature for details





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  • vandanaverdia
    09-12 09:48 PM
    bump





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  • fromnaija
    09-01 12:29 PM
    My FP was done on 9/28/09.

    You meant 9/28/2007, right?

    Once again congratulations on your approval. Please continue to support this movement.





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  • skv
    08-16 10:57 PM
    It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.


    As per the USCIS FAQ #2, medical exam can be submitted at a later date.

    Ref : http://www.murthy.com/news/n_faq2ju.html

    In addition to permitting I-485s to be filed without medical exams, the USCIS will also accept medical exams completed abroad by DOS authorized doctors.



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  • s416504
    12-04 02:23 PM
    I think EAD doesn't give us any STATUS. EAD gives us authorization to work.
    We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.


    I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!

    A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
    So think twice before you disclose that you are unemployed.





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  • ilwaiting
    09-27 11:26 AM
    Unless one were being paid a EB2 salary back then but employer filed you in EB3.

    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..



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  • smiling08
    09-19 08:52 AM
    HI All,

    I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!

    Fan





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  • truthinspector
    02-12 06:16 PM
    No !

    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC


    Thanks



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  • vadicherla
    11-05 09:11 AM
    I just voted





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  • macml
    01-29 05:44 PM
    Sorry, I can't help you out on how to fill out the application. My lawyer did it for me.



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  • MerciesOfInjustices
    03-25 09:09 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
    Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.





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  • abhijitp
    01-18 05:23 PM
    Looks like a good deal to me:-)
    I am about to complete writing my letter, and it will be out by this weekend.



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  • transpass
    07-29 10:55 PM
    Also one EB1 participant asked for preferential treatment for EB1 applications.

    I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?





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  • jonty_11
    07-11 06:21 PM
    Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.

    http://blogs.ilw.com/gregsiskind/

    Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
    What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

    They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

    Does that make sense.?



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  • sheelalann
    05-21 09:13 AM
    Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
    Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)

    Congratulations !! Enjoy the freedom





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  • ashiqman
    06-24 03:04 PM
    I work for a very small start-up American firm. The company has been in business since 1 year. Even I have been with the company (full-time) for approximately the same amount of time. Unfortunately, the company has not been able to make any revenues in this 1 year. I am planning to visit India in May and if I do, I will have to get my H1 restamped, since my old visa has expired. In this forum, I have seen some instances of rejection/hold on H1B stamping. Taking that into account and given the situation of my company (although genuine and still having enough funds to run), is it worth taking the risk? I will be appearing for an interview in Mumbai. Any info in this regard will be really helpful to me. Thanks in advance.



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  • Refugee_New
    01-26 07:56 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.


    You are right. When the dates are U, processing dates become Current and vice versa.





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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.





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  • coolpal
    06-30 12:58 PM
    so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)

    From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...

    pal :)





    perm2gc
    11-08 07:57 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????





    ivjobs
    11-08 09:10 PM
    Another group with help of IV, to suck the blood by sponsoring H1s...

    Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies

    Of course 20% will be real good with clean intentions.

    I bet...As i saw so many people in the same manner.

    My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS

    Well let us assume this group has people in that 20% too..



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