Tuesday, June 14, 2011

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  • ssnd03
    08-03 04:17 PM
    This is the latest on my LIN number ...

    Response to request for evidence received, and case processing has resumed.

    What does it mean ... Any Ideas folks ...

    RFE accepted... so chill and relax and have a good weekend





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  • madmax78
    01-26 08:47 AM
    Come down to Atlanta my friend. There is a large indian community here, lot of good schools, all options for entertainment, and a reasonable weather. I have been living here for 6 years and I am happy with this place.





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  • gsc999
    06-08 05:41 PM
    When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
    --
    The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?

    Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D





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  • pitha
    05-22 04:40 PM
    Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

    With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
    1. based on pass marks?
    2. based on who has the highest number of points for each country
    3. Does the priority date come into plat at all?

    hope somebody has the answers for these questions.

    If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.

    How will this change if the new legislation/amendment that are discussed passes.

    Any ideas guys.



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  • sara_apk
    04-16 04:05 PM
    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.

    Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?





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  • milind70
    04-01 06:05 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..

    Here are some facts
    1. Labor Substitution is not allowed as of mid 2007 .
    2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
    3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
    I think it is better if you see and immigration attorney for advise on this issue.



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  • ski_dude12
    07-16 09:33 AM
    see Greg Siskind's blog :
    http://blogs.ilw.com/gregsiskind/

    An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting


    Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

    This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:

    - fighting multiple lawsuits including at least two class action matters
    - staving off congressional hearings and the release of embarrassing documents
    - answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack

    One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.

    Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.

    Thanks,
    -Ski





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  • Sakthisagar
    04-22 03:45 PM
    Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.

    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)



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  • das0
    05-27 10:38 PM
    What is the Cut off date for EB candidates for the proposed CIR Bill > May 21 2005 or May 21 2007 ???





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  • indianabacklog
    07-30 10:11 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
    Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.



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  • meridiani.planum
    02-21 12:37 AM
    1. H1 (assuming in your H1petition you had requested a change of status from H4 to H1 and as part of theapproval you have a new I94).
    2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
    3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
    4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)


    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers





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  • bugmenot
    06-08 01:15 AM
    well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

    So I say: CIR, RUST in PEACE.

    u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again



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  • franklin
    07-11 02:18 PM
    Hey guys

    The Bay Area members need your help.

    We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!

    We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.

    Post here or PM me if you can make a few phone calls for us

    Many thanks





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  • Robert Kumar
    01-03 08:51 AM
    SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

    All,
    Thank you.

    So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
    And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
    My EB3 will take some more time.



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  • bondgoli007
    02-23 01:39 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
    Easy on the guy pal! I am sure he would not have come here to seek help if the answers were so obvious to him.

    unseenguy, A lot of companies all across the country are resorting to pay cuts and there is no guarantee that the job will remain either. Mine announced 5% cuts and cut other benefits that had made working in this company attractive.

    I am sorry to hear about the job loss already in your household. Here is my suggestion....Do keep a lookout for better opportunities but try to get your wife a job before you change yours. Invoking AC21 is a option but use it only if you find a better opportunity or at least better stability. I know it is a cliche but hang in there and know that there are a lot of families all across this country who are in similar or worse situations. All the best and please fill in your details like PD and GC processing stage.





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  • abhisam
    07-09 12:22 PM
    If you don't get your EAD renewal card you should stop working. Because it is illegal.

    I understand that and have no problem in taking a gap for few days. So all I need to do is ask my employer not to pay me for the period? Will that be enough for uscis and IRA?



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  • belmontboy
    12-10 03:10 PM
    The anonymous reputation system is prone to abuse.
    People sometimes use derogatory language. It would be great if the names are also published along with ratings.





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  • eb3retro
    09-25 10:41 AM
    good one.





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  • snathan
    02-17 09:14 PM
    Thanks a lot snathan.

    emploer A is still holding my H1b, they did not revoke it.

    employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
    H1b transfer.

    The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.

    please help me.

    Yes...if you get the approval, you can join the company B, anytime you want.





    GC_1000Watt
    12-19 12:08 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ

    Talk to a good immigration lawyer...preferably Murthy law firm.
    I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
    I am not a lawyer and hence please consult with experienced immigration attorney.
    Hopefully new year will come with good news for you. :)





    manderson
    04-23 10:12 AM
    Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..

    u will get a copy of the approval notice directly from USCIS though.



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