Monday, June 20, 2011

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  • nishant2200
    04-08 04:10 PM
    I think they moved very cautiously because of porting. Porting seems to be much more serious than we all thought maybe. Also as well as since it's just may, they traditionally don't open floodgates until late.




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  • bpratap
    01-26 09:35 PM
    I don't think all EB1's are PhD's. so if this bill is specifically for PhD's then its not gonna help EB categories.

    Many of the EB1's I know are some global managers (by document) from some outsourcing companies with the same Educational / technical skills as many of us in EB 2/ EB3. after coming in on L1A they juz directly file under Eb1.

    I am not trying to fire up an argument/fight. but juz the reality I know of.

    Hope this bill will include People who have an MS degree . it will help clear up EB2 queue and eventually spillover the excess numbers to EB3.




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  • Administrator2
    01-25 07:34 PM
    Congressman Flake reintroduces STAPLE Act to renew the focus on competitiveness.

    PRESS RELEASE
    Congressman Flake Reintroduces the STAPLE Act
    Bill Will Help to Keep U.S. Technology Industry Competitive Globally

    Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.

    �Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.

    �At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�

    US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)




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  • bugmenot
    01-20 11:26 PM
    most uni's have a indian student association, the contact is usually found on the website, that would the best way to find them, also orkut has alot of desi student in us communities



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  • slc_ut
    05-29 04:27 PM
    OK Prashant, got it. Thanks.


    Hi,
    You can fill up these forms save and exit without picking a date ..
    after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..




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  • paskal
    06-11 11:59 AM
    what exactly is your question?
    there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:

    http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf

    there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.



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  • ramaonline
    06-15 02:13 AM
    h1 is dual intent visa under the current laws it is perfectly legal to hold both h1b and ead statuses - u can be in just h1b status if u wish or get into EAD status or maintain both if the h1 is valid




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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?



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  • iamlost
    07-24 10:37 PM
    HI,

    Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.

    If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.

    Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.

    Good luck.
    I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !



    TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
    �MurthyDotCom
    The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
    �MurthyDotCom
    Erroneous I-140 Approval eMails do not have a Priority Date
    �MurthyDotCom
    The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
    �MurthyDotCom
    Conclusion
    �MurthyDotCom
    This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.




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  • Azzuri
    12-03 07:05 AM
    Kirupa Hero one is awsome. talents !



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  • gjoe
    10-05 11:07 AM
    Are you a lawyer? :)

    Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.

    God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.

    If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
    Lawyers will charge money for their service, but finding a good lawyer is what we have to do.

    PS: Pardon my typos and spellings




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  • IndiaNJ
    08-26 01:32 PM
    My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.

    I am not sure how the Page 4 got lost..:confused:



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  • IfYouSeekAmy
    01-11 03:43 PM
    I disagree. DV may not have relevance to you but to a person who does not have an advance degree but still would like to come here to live,work and have a better standard of life it is still VERY relevant. Remember that this country was built by IMMIGRANTS not neccessarily by immigrants with advanced degrees.

    NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.




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  • rkotamurthy
    02-14 06:13 PM
    ^^ Bump



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  • GC_1000Watt
    12-04 06:12 PM
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.

    Thanks for sharing your experience. I will get back to you if I will have any further questions.




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  • ramus
    06-28 03:34 PM
    Please don't create any new thred.. Please close it .. We already have 4 threds going with different rumers.. No need to put another one..

    My answer is - No body knows what will happen.. So just chill and enjoy..





    Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?

    When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?


    My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.

    Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.


    For some one like me who files 485 in June chances of approval in this year is less.:confused:


    I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.

    Pns27
    ***********************
    Concurrent I-140/I-485: No
    PD June 2002-non-RIR
    I-140 approved from NSC
    I485:--
    Mailed to (state NSC/TSC): NSC
    Received at (state NSC/TSC): NSC
    Receipt Date: 06/07/07
    Notice Date: 06/22/07
    FP Noticed Received on:?



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  • mhathi
    01-08 09:08 AM
    I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.

    This was for my H1 and my Spouse's H4 visa.




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  • joydiptac
    04-22 07:35 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
    Case 1: The guy went for his MBA
    Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.

    In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.

    I suggest you get a second opinion from another lawyer before wasting a LOP.
    Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
    Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.




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  • gapala
    04-22 02:53 PM
    Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.

    I agree with the other post, you probably might be better in India in this economy.

    Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.

    To answer your question, you chances for 2010 H1B is extremely low.

    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.




    logiclife
    12-01 04:44 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.




    seba
    09-24 10:35 AM
    Hi all,

    I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?

    I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.

    However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.

    Please let me know if you have any knowledge or experience in this. Thanks.



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