Sunday, June 12, 2011

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  • Saralayar
    12-12 05:18 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and file gathering dust waiting for visa number.

    On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.


    P.S : If you are an advanced degree holder born in India. Hahahaha.

    GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)





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  • tom123
    10-08 02:56 PM
    Hi,

    Active trader / Passive Trader hmm !!! interesting.

    1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )

    2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others

    FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )

    Hope you make some money.





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  • hydboy77
    07-14 01:59 PM
    I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.

    What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.

    To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.





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  • WaitingForMyGC
    09-26 12:20 PM
    What's the difference between a catfish and a lawyer?

    One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.



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  • austingc
    07-30 11:37 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.





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  • stemcell
    02-12 02:15 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.

    puzon

    There are a lot of folks who shell out on their own for the GC process.
    Just weigh the risks vs benefits....

    do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you

    OR

    leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.

    The way i look at it dont waste an opportunity, just apply and worse case u have a plan B

    only my 0.02



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  • martinvisalaw
    09-09 10:02 PM
    CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.

    You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.

    I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.





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  • fatjoe
    10-06 05:12 PM
    How did you know that your case was pre-adjudicated on Sept 18th 2008?
    Is there anywhere that information is available? Thanks.

    Take an infopass. They can tell if your case is pre-adjudicated or not.



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  • slammer
    10-09 12:49 PM
    Regular processing being what ? AOS ?





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  • AllIzzWell
    10-19 12:15 PM
    Hi Rajenk:

    I have gone through the link that you have posted here. Thank you so much. It is very informative.

    The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.

    Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?

    Thanks



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  • ttdam
    11-05 09:58 PM
    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.

    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04





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  • vbkris77
    02-03 05:21 PM
    All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.



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  • sc3
    10-22 10:22 PM
    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!

    Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

    (Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).





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  • martinvisalaw
    07-17 11:26 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE

    POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.



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  • JeffDG
    01-23 07:38 AM
    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?

    Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.

    You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.





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  • kumarc123
    06-14 08:23 AM
    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.


    First of all it is illegal for them to haord any type of money.


    Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.


    Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.

    Good Luck



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  • manderson
    02-27 08:07 AM
    Came across this article:

    Title: U.S. Immigration Reform Bill Could Pass by July

    http://www2.csoonline.com/blog_view.html?CID=29025

    great find. this really sets a barometer for expectations... atleast personally!





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  • yabadaba
    09-01 11:43 AM
    i m a big fan of the bee and ragz4u and sunjoshi

    of course these daysi m interacting only with pappu...getting his "kangi" all set up





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  • sounakc
    05-12 01:13 PM
    however, i will appreciate if you can tell me if these are the only required

    1. Measles/ Mumps/ Rubella - Adult
    2. Varicella
    3. Hepatitis B - Adult

    and the following tests

    1. Tuberulosis - Tubercolin Skin Test
    2. Serologic Test for Syphilis - RPR Screen
    3. Serologic Test for HIV Antibody - HIV AB Screen





    punjabi
    02-25 12:45 AM
    Hi,

    Another consulting company may very well hold your H1B, but you will have to be working through them. You cannot sit on bench and they "hold" your visa. I will suggest transferring your visa ASAP to another company.

    You can very well go to H4 and again go to H1B under new quota, but why take the risk? If you are not selected in lottery, you again have to wait until next year.

    Get your H1 transferred and find a job agressively.

    Good luck, my friend.






    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.....





    hoolahoous
    11-11 09:08 PM
    there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.


    PS: I am not a lawyer, so this is not a legal opinion.



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