Tuesday, June 14, 2011

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  • kumar07
    09-16 05:08 AM
    Hi Suresh,

    thanks for your time and effort to thoroughly answer my questions.

    I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.

    So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?

    Thanks.




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  • mchundi
    07-27 08:41 PM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks
    If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
    Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
    --MC




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  • gc_check
    02-21 03:27 PM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:

    Check below article in Times of India
    " Indian IT firms to lobby Bush to increase HI-B quota "

    http://timesofindia.indiatimes.com/articleshow/1423058.cms




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  • RayP
    12-10 04:44 AM
    Friends... does anybody have some idea.



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  • green_card_curious
    03-08 10:17 AM
    This is EXACTLY the confusion. My case is explained below:

    1. I am on H1-B - havent used my EAD yet
    2. My wife has and is currently using her EAD though
    3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.

    So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...

    Ideas? Suggestions? Examples?

    Thanks,




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  • gcisadawg
    04-07 05:08 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.




    A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.

    rgds,
    g



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  • gman
    07-08 08:08 PM
    Where's this information posted?




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  • needhelp!
    05-15 06:22 PM
    co-sponsor = confirmed support, so thats what we want.



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  • my_gc_wait
    08-10 11:20 AM
    1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
    2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

    And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.




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  • Berkeleybee
    05-18 08:13 PM
    Good job! However, like I and some other people on this forum have mentioned before, there is the need to de-emphasize our course as an Indian course. We know the majority of people in the GC process are of Indian or Chinese origin but we should recognize we need an all-inclusive approach to this struggle.

    I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.

    Just something to think about!

    Alabaman,

    We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.

    There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.

    See what I said earlier many times, including here:
    http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55

    Franklin,

    We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.

    One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.

    best,
    Berkeleybee



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  • mambarg
    07-27 02:01 PM
    Thanks.
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.




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  • newbee7
    07-05 12:52 PM
    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.

    100,000,000



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  • martinvisalaw
    06-16 10:23 AM
    I have a quick question though it is not related to family petition.
    what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
    does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
    In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).

    Thanks

    When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.




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  • chaitanya139
    01-22 02:53 PM
    Hello there

    I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

    Thank you
    Chaitanya



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  • Mahatma
    02-19 09:01 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.




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  • gcisadawg
    04-07 05:06 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg



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  • san3297
    12-28 01:14 PM
    Received H1b approval last week. I got it approved for only 1 year though. I sent all the originals along with self addressed fedex postage paid envelope . USCIS safely posted back using the same envelope. I also sent them transcripts attested by registar in sealed envelope. Thanks for all the forum members who answered my queries.




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  • hariswaminathan
    01-10 04:46 PM
    I prefer your theory to Infopass officer. Sincerely hope you are right because Name check is not where i want to be stuck in.


    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...




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  • desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com




    jediknight
    12-19 04:01 AM
    Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.


    If we were not present there would not be jobs for the current american colleagues of ours.

    If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

    If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

    If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

    If .. <Add other names here>> there would be no Silicon Valley.

    I and other outsiders have created countless jobs and maintained America's technological superiority.

    ... So I respectfully disagree with your statement about us displacing jobs :)

    - JK




    adobe howm
    09-02 01:52 PM
    Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?

    You are freaking out UNNECESSARILY.

    This reminds ne of the hindi saying " aa bail mujhe maar"
    Literal translation: Hey bull, come and hit me.
    :D:D:D:D:D

    My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!



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