Thursday, June 23, 2011

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  • camarasa
    07-15 12:14 PM
    What a crack-head - I didn't know H1Bs were 5-year visas - I guess I've overstayed my welcome...

    And to say that everyone stays here is ludicrous - Half the people that started with me on my project have gone back to India for better positions with better pay and the rest have gone on to green cards and some even citizenship. He thinks that everyone stays here after 5 years (???) and then works illegally - like that's possible - idiot!

    He thinks a company hiring skilled workers like computer analysts is going to let you stay on past 6 years if you haven’t filed for your green card and jeopardize their reputation and legal standings? They would just hire new H1B workers and kick you to the curb – at which point you would have to work under the table flipping burgers – but I guess the ignorant freak thinks that’s better than going back home and getting a project managerial position, because all other Countries are third world and live in mud huts?





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  • justAnotherFile
    04-04 12:04 PM
    its unbelievable what has been achieved in the last 2 months.
    this is also path-breaking and historical as this is the first recorded organized group of high-skilled legal immigrants fighting for their cause.

    Kudos to the core team. ignore the detractors.





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  • miguelajjam
    07-25 01:25 PM
    We submitted our EAD application in June first week and we got our card this week, effective from last week of July for the next one year.

    Our priority date is October 2006- EB2 and we are not current. So shouldnt we have been issued a 2 year EAD?

    Also we gave our finger prints last year (July 2007 filer) but this time too both the EAD cards shows no FP available .

    The EAD card of my spouse (he is the primary applicant says signature waived) I still have signature on my EAD card. Anyone else with the card that says signature waived. Previous card had his signature in there.

    I heard that's the way it should be from Aug 1st... :confused:

    Someone advise...





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  • a_paradkar
    05-12 04:49 PM
    if their is any spill over then
    the dates of China and India will be same for EB2 in July VB. then the actual spill over will happen in Aug & Sep... assuming the prediction numbers are true.



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  • gcnirvana
    05-24 06:58 PM
    Where did you see/hear this?

    Hello All,

    My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.

    IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.

    So, we can get results only by presenting our problems directly to Senators and Congressman.





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  • s416504
    03-18 01:53 PM
    You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.

    Total BS and Incorrect.

    One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.


    __________________
    Not a legal advice.



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  • bbct
    02-15 11:59 AM
    Any advise/comments?

    My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

    1) What consequences the employer would have to face if they fail to report correct wages on W2?
    2) Does IRS is concerned about missing wages that are 1-2K?
    3) Do you think I should complain to IRS?

    I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.





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  • kate123
    04-11 12:43 PM
    Hello all,
    Does any body know why DOS isn't applying the spill over on quarterly basis... Law clearly stipulates that unused visa's should go to retrogressed countries..

    Excerpt from may visa bulletin:

    llocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

    INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits.



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  • nonimmi
    06-15 03:04 PM
    Update -
    At Dr. Marcel Stern Walk in accepted. My wife just called me from the Doc., they said it's ok. You may have to sit there for couple of hours. So guys, run......

    Thats great! Congrats!! :) Are they charging $350 just for initial checkup or with shots, x-ray??





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  • GotGC??
    05-17 07:30 PM
    I was in a similar, but slightly different, situation. I got my 3 year extension while my previous extension was still valid (a couple of days left).

    So at the POE, the officer gave me on the I-94 a date that was 3 years from the date of entry (that's the max their system was designed to handle) and said that since I have the visa on the passport, the next time I reenter I would get the later date on the I-94.

    Thanks fromnaija!
    I just wanted to confirm this is possible and if somebody has any experience in doing this.



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  • eb3retro
    11-19 11:58 AM
    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs


    i would say its a long wait..its high time u get it..congrats..





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  • file485
    07-12 03:45 PM
    unfortunately you can't speak to anyone over the 1-800# at the Service Centre. Your boss/employer only has to call the service centre and follow up as to what is happening with the case..otherwise you r losing each day with no result...

    either the RFE is complicated for which your boss doesnt want to callup INS r what follow up with them..if i94 expires beyond 240 days you will be in more trouble



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  • sanju_dba
    08-04 12:19 PM
    Kumar1,
    where can i validate this
    "Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
    My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.





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  • sc3
    10-07 02:37 PM
    You've ever heard of kamikaze missions help by Japanese pilots during world war 2?

    They were suicide missions to bomb American targets (like Pearl Harbor) knowing very well they will not come back alive. They would crash their planes into enemy targets laden with a lot of explosives.

    Go figure!

    Whatever side you are on, there is no way you can liken kamikaze mission to a suicide. Kamikaze mission was of bravery, people willing to die for their countries -- that is the ultimate sacrifice. People committing suicide are just cowards who aren't strong enough to face life problems thrown at them. I am sure a lot of us here have lost investments too, but we are going to pick ourselves up and continue to make our lives -- not end it.



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  • abcdefgh
    12-14 12:46 PM
    There are 2 things that you need to do and take time..
    1. Apply for FBI fingerprint clearance .. You can take fingerprints in your local sheriff's office on a standard FBI form and then send it to FBI.. takes about 2 months.
    2. Apply and get IELTS english score.. I think this has become standard now..

    I had attached all the literatures that had been published on Finance and technical journals. In addition, I had US education with Masters. Still, they asked me to appear for IELTS.

    If you native language is not English, IELTS is must.





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  • rsharma
    10-18 12:00 PM
    Actually I just wanted to point out the generic indifference shown towards the feeling of people of India by mainstream western media and governments - the long wait in immigration queue and ignoring the plight of Indian legal immigrant aspirants , setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power.

    Friend la6470, I totally understand your feelings.

    However your statement "setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power." can be used against the measures requested for removing the country quota.

    Today inspite of the quota we are sort of demanding or in other words saying Google(US based company) should display Diwali. If country quota is abolished many more of us will beome PR and then citizens then we will be in a better position to demand the incorporation of our cultural values/ religious values in this country and thus the cultural/religious equillibrium of this country will get effected. So they will say this is the reason that the country quota should stay.

    This way your innocent statement can be used against you and us. This was my concern against these type of nor immigration and matters related to only one country/region/religion being posted in this forum.

    Hope you understand me.



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  • cygent
    08-07 08:05 PM
    Thanks EkAurAaya,

    That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!





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  • GotGC??
    12-01 08:07 PM
    Just wanted to confirm - this discussion is pertinent only for cases where the new H1 (3 yr) is pending at the time the person travels overseas, right?

    For example, if your current visa (and I-94) expires on Feb 28, but you already have a new visa valid for 3 years starting Mar 1, you can re-enter US within Feb 28. Then you can go to Canada/Mexico/Home country, get the new visa stamped on your passport, and on that basis get a new I-94, right?

    I don't seem to see any confusion here....or am I missng something?





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  • HV000
    03-06 06:34 PM
    For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.


    You are in much better shape with >180 days in AOS. Can work in EAD if needed.

    Don't worry.

    Thanks grupak! I was able to use PTO with my employer..
    Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?

    If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?

    Thanks!!





    jsb
    07-23 01:54 PM
    Are the processing times according to the notice date or the received date ? Mine are 4 months apart.

    It is clearly the Notice Date. USCIS website mentions on the processing times page:

    "If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office...."

    This makes sense (from their procedural point of view, though not good for clients). ND is very close to date when a case is opened the first time (although stamped RD may be several months earlier). That's the date a service center consider as their receive date, and also shows online as "...your case was received on...". Data for published dates is provided by processing centers. Therefore, they use only dates when they received/opened the case. They don't care if files were in boxes or shuffled for months between centers.

    If your ND is within published processing dates, most likely your case has been opened, reviewed, and perhaps pre-adjudicated. That's all. It does not mean anything more until your PD becomes current. At that point, if they have pre-adjudicated cases, as per procedure described in link mentioned above, they clear them in order of PD.





    tankueray7
    05-05 07:37 PM
    The Immigration and Nationality Act (INA), the section of government law that guides immigration, specifically states that any non-immigrant alien visitor to the United States must have a passport that is valid for 6 months beyond the intended period of admission. That is to say that if your program or employment runs until May of 2008 you must have a passport that is valid until at least November of 2008. If the alien visitor is from a country that is in agreement with the United States to automatically assume that the alien's passport is valid for 6 months past the passports expiration. These countries are referred to as 6 month countries. That simply means that if the alien is from for ex. India and the passport date will expire before the end of of program date, officers are allowed to make the I-94 valid until the end of the passport. If the alien is not from a 6 month country the officer can only admit the alien with an admission date on the I-94 with a date that is 6 months before the passport expires. Officers at airports and deferred inspection offices do not have the authority, at a later date, after a new passport has been obtained, to change the original I-94 to the date that would have been given at the original time of entry had the passport been valid for 6 months beyond intended period of entry. The alien must request an extension of stay with an explanation submitted to the USCIS office, no fee is required, and a new I-94 with the appropriate date will be issued. However, if you call USCIS and are fortunate enough to get to speak to someone, that person, an information officer, with 2-5 weeks training, will tell you a CBP Officer can change it. Some officers will change the I-94, however, they have no authority to do so and can face penalties for doing so.



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