Friday, June 24, 2011

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  • jonty_11
    03-14 03:12 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...





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  • larmani
    04-29 01:02 PM
    If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.





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  • Mayra75
    12-31 07:29 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?





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  • lazycis
    12-19 04:01 PM
    Multiple I-485 Filings Not Advisable
    �MurthyDotCom

    While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


    I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.



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  • xu1
    09-12 07:08 PM
    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.
    This needs probably more insight..

    I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.

    Please ask your (company's) lawyear..





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  • frostrated
    07-06 12:44 PM
    you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.



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  • purplehazea
    05-02 02:04 PM
    Dude get a good attorney, I mean even if someone gives you advice here, we are just rookies!





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  • jsb
    05-10 10:25 PM
    we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
    It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.



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  • tinku01
    07-17 10:29 AM
    My details-

    PD -June 2004, India
    I-140 - approved Feb, 2007
    CP applied - Aug, 2007





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  • gc_kaavaali
    11-14 04:09 PM
    somebody gave red mark...what happened???



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  • gsc999
    01-18 01:35 PM
    Needhelp, new year greetings!

    Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.


    Wonderful news!
    And gsc is back with a bang!





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  • jfredr
    08-10 03:29 PM
    Reforms To Visa Programs For Highly Skilled Workers.

    IMPROVING EXISTING IMMIGRATION
    22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
    23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.



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  • bikram_das_in
    09-08 11:35 AM
    Could be collect call. I would not trust this.





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  • nortam1
    09-17 04:15 PM
    My receipts say the same...
    Anybody knows what it is?



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  • amohale
    02-26 12:26 AM
    Please help me with my case.

    I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.

    The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.

    the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.

    So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.





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  • h1techSlave
    04-10 02:34 PM
    I went thru the tracker to see how many are there before Jan 2004 EB3-I. And the news is not good.

    Out of the total cases of 27, 389 (All-no filtering), 757 is before Jan 2004 for EB3-I. That's a % of 2.764%.

    Now, let us extrapolate this figure to find out the total remaining EB3-I cases. If we take that there are 400,000 pending EB cases, the count of Eb3-I prior to Jan 2004 would be: 400,000 * 2.764 = 11, 056 cases.

    With a country quota of 3000 visas, it would take 11056/3000 = 3.69 years to clear this backlog.

    Now a word on the potential visa date movement. I have noticed that there are many PDs in the latter months of 2003 - there are very few people with PDs before June 2003. This points to a very strong possibility of the DOS setting the EB3-I visa date as June/July/August 2003 in the coming months.



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  • bluez25
    08-26 12:16 PM
    Hey all,


    Saw August Visa Bulletin on Mid July.
    Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
    Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
    Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
    Got the notarized copy of the employment letter.
    Started on July24th and reached July25th night.
    Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
    Went to Lister Laboratory and took the medicals.
    Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
    Got the results from Listor laboratory and went to the Doctor and got the medical report done.
    Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
    Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
    went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
    Tuesday Morning got police verification for me and my wife in our homes.
    Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
    Went to Commissioners office and collected the PCC from there too.
    Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
    Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
    Went to US Consulate on August 11th Morning around 7.30 AM.
    We were let inside and asked to wait in the waiting room for couple hours now.
    We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
    The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
    We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
    10.45 AM they called us around 10.45 and took finger printing for me and my wife.
    11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
    Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
    Started from the consulate.
    Started to US on last Thursday.
    Reached on Thursday here at LAX port of entry.
    Asked to wait for an hour.
    took finger printing and asked us to get our baggage and waited in the waiting area.
    One hour from there one officer called and said the passports are stamped and we are all set to go.
    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.





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  • LegalIndianInUSA
    09-11 01:38 PM
    a) When did you receive the AOS receipts?
    not yet received. July 2nd filer

    b) When did you hear about the fingerprinting and how?
    mail from USCIS with a form I797c(notice of action) to go do FP

    c) When are you expecting EAD or if you have received it, how long did it take?

    not yet received





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  • wandmaker
    02-16 12:58 PM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    For Q1, Please call 1-866-487-2365
    For Q2, Please call 1-800-375-5283





    nlssubbu
    12-24 01:22 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
    I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.

    I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
    Thanks

    Thanks





    red200
    09-04 02:35 PM
    Gradually it has to come to 2007 for sure
    because

    1)It came till OCT 2006 in 2007 as well as in 2008 , There would be really few members who would have missed the two boats under EB2
    but there will be EB3 -> EB2 conversions not sure how many , Hard to estimate

    2)The applications to USCIS are gradually decreasing and the trend probably will continue in 2010, Hence lesser revenues for USCIS

    so if PD is stable in coming months or even if it has slow and steady increment, I believe 2007 will be current again in coming 3 quarters, if it doesnt happen in oct bulletin



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