Tuesday, June 14, 2011

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  • mita
    12-05 11:36 AM
    I was waiting for someone to spit venom at timesofindia but did not happen till today.
    By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
    Please do not post news from timesofindia.com over here! This is not a mirror image site of TOI. Besides, timesofindia.com is good for nothing anyway.

    They put H1-B/Green Card rumors left and right on the front page. It is propaganda to get more hits and that is where it ends. Thank you.




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  • srikondoji
    07-17 02:21 PM
    Go little bit more SOUTH and you will end up in NORTH and this is called optimism and i love this optimism over pessimism.

    Everybody had different sources and those sources have their own sources.
    So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.

    However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.

    This is my guess
    There will be relief but not to everyone.
    USCIS/DOS will announce the news without an apology, but it will not please everybody.
    They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.

    USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.

    USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
    Masters are saying why we need to bend over, lets take on these immigrants.

    At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.

    Thats all.




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  • tabletpc
    12-15 11:54 AM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,




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  • ushkand
    07-20 10:44 AM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.



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  • kevinkris
    11-21 03:37 PM
    My friend did the same thing. Not h1 extention but re-instatement of AP to H1.

    It's same as applying for H1 (form 129 etc) but the option you select
    is different.

    Part 2. Information about this petition. * (See instructions for fee information.)

    Basis for Classification (Check one):
    Check 2nd option:

    Continuation of previously approved employment without change with the same employer.




    I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

    As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

    Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

    I have had a valid H1 and AP for a while now and travelled on AP without issues.

    Hope it helped.




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  • royus77
    09-22 08:17 PM
    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....



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  • logiclife
    10-17 03:00 PM
    Hi,
    I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.

    Krishna.

    Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.

    However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.




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  • sayantan76
    04-21 02:15 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta
    depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.

    of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......

    Of course, this is not legal advice but only anecdotal experience



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  • desi3933
    06-25 02:18 PM
    I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.

    Thanks Elaine.

    My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.

    Could you please share your views on this.


    .




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  • eastindia
    04-21 12:25 PM
    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

    Dude you have good sense of humor.



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  • dhesha
    08-21 03:08 PM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.
    You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?




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  • bobzibub
    02-25 11:28 PM
    Oracle applications, Oracle financials, Siebel, SAP are good fields to enter. Data warehousing is hot and a lot of people get trained. Consulting companies have fulltime trainers and there are a lot of courses you can take.

    These are good end points. Start a little more basic to get good underpinnings.

    I think, also, that if you don't know what you want to do, go for a BSc. in computer sci. If you do, take specific courses.

    For system Admin, I'd recommend Redhat.com's courses. The world is going Linux. Play with it and mess it up. Re-install. All part of the fun. Hack some Bash/Perl scripts.

    For coding I'd learn C first. Get good with pointers etc. Then learn Object Orientated PHP or Java. C isn't the easiest of languages, true. If you have problems, fall back to BASIC.
    PHP and Java will get you started with web stuff and databases fairly quickly too. Start with Mysql. Then Postgresql. That'll get you ready for Oracle (the database) and you can then learn the applications that run on it.

    If you learn the high end apps w/o learning the low end, you're code may be beautifully written but horribly inefficient.

    They'll ask why an MBA/HR guy wants to be a grunt. Consider volunteering for an open source project for street cred. sourceforge.net has a bunch of projects.



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  • CADude
    03-19 11:24 PM
    I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
    PD: July 2001 (EB-3 India)
    RD: July 2nd 2007
    ND: Oct 10th 2007

    I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)

    I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.




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  • raysaikat
    04-22 01:36 AM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    Yes.

    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    Yes.

    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.

    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.

    b. Then what happens after May 2011?
    Unless you have some other VISA that would allow you to stay in the US, you need to leave US.

    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?

    You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.

    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.



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  • ItIsNotFunny
    12-03 05:41 PM
    I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.

    I would like to see lawyer's opinion on this.




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  • Sakthisagar
    10-14 03:59 PM
    here are the links...

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82)

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1615-AB82)



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  • vin13
    09-30 04:47 PM
    She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe


    I thought the same...these people have no clue what they are doing.




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  • chanduv23
    11-10 03:35 PM
    --- bump ---

    so many views but no replies yet :(

    Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.

    I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
    When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.

    The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.

    Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.




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  • Ann Ruben
    05-15 03:53 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.




    eb_retrogession
    01-06 09:32 AM
    This is a good effort towards solving the retrogression issue. Like many silent readers, I do have concern about contributing to a new organization.

    Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.

    Thanks!
    Pls check your private message




    immigration1111
    06-11 10:35 PM
    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!



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