Tuesday, June 14, 2011

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  • nomi
    09-21 04:24 PM
    If you have master degree and you are from india then there is long long wait time.





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  • diptam
    04-13 01:15 PM
    Thanks all - I understand an independent status for my wife is the solution. But saying that and working that out in real life is the difference.

    a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.

    b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.

    I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.





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  • arnet
    09-13 02:28 PM
    Started this thread just to encourage us after oct bulletin:

    We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.

    As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.





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  • rsdang
    09-18 11:16 AM
    My AP was approved last week (Monday) still to get in mail.

    Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...

    Anyways I am greatful that they approved it and its in mail ( fingers crossed )



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  • sagar_nyc
    08-15 11:28 AM
    Ramesh,
    Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.

    My advice to you is consult with good attorney.


    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • whiteStallion
    03-03 05:48 PM
    There should not be more than 1 pay period delay after you leave your job to get your settlement cheque. This has nothing to do with him not getting paid from the client etc. According to H1B law, you(employee) need to get paid every month(by the employer), period. Client does not comes in the picture.
    You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.

    Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm

    Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
    US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)



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  • fatjoe
    10-06 05:35 PM
    Could you please tell me the reason you mentioed for "Description of your problem".
    Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.

    My petition was approved 4 months back, after calling 100 times USCIS.

    In my wife's case we spoke with IO on Sept 4th.
    Created Service Request on 5th Sept.
    During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.

    During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .

    On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.

    October 2nd 2009 my wife's petition approved.

    So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.





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  • Murthy
    05-07 08:10 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.



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  • simple1
    05-19 11:12 PM
    for immigration diploma + 3 yrs experience is Bachelors equivallent that is True for H1B or EB3

    for further studies diploma is under grad, you will qualify to continue further studies for Bachelors

    yep, I heard exact same when it comes to "edu eval" for work. One of my ex-collegue got h1b with 10+2+3yr-dip-compsci+5 years exp.

    I also hear "edu eval" for "work" and "study" may be two different processes. So not sure about the study part.
    Recognition of Foreign Qualifications (http://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html)





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  • a_yaja
    03-27 05:58 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    To qualify for a GC under the investor (EB-5) category, you need to invest atleast $1 million and employ 10 people. If the area is an economically depressed area, then $500K is sufficient. More information available @
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D



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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.





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  • sbeyyala
    06-23 06:11 PM
    Hi,

    I e-mailed to jay@immigrationvoice.org, I am from Orange county.



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  • vin13
    01-09 06:49 PM
    We had a very good conversation with IO. He was sympathetic by mentioning that Green Cards can be a long and expensive proceess
    :)





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  • sundarpn
    06-29 01:39 AM
    For folks who are past the 180 day period:-

    what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

    Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

    Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

    (PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).



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  • bandya
    04-28 03:30 PM
    Second contribution of $200. Contributed $400 till now.
    Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!





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  • desi3933
    03-09 11:58 AM
    She is a derivative on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?

    Nothing is needed from employee.

    Employer needs to notify USCIS about termination.

    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.





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  • txh1b
    08-18 11:21 AM
    Like it or not, AR11 is mandatory and it could even lead to deportation for violating the AR11 requirements. A fear of a RFE should not be the factor to stop filing AR11. File it and be safe.

    485 RFEs are not very complicated from what I have seen unless you have something wrong with your filing, you have nothing to be afraid of.





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  • rbalaji5
    10-31 12:54 PM
    You may try with your office Zip code. In worst case, they may ask you to go the office near to you home. It is just a inquiry we schedule right - There won't be any problem.





    GC08
    08-21 07:34 PM
    Looks like more chaos has come. Nowadays nothing is working properly. How can they allow a 4 month difference in processing I140 between the 2 centers? What happened in NSC? NSC must have won the imcompetence contest among all those agencies. :-)





    dhirajgrover
    10-16 12:26 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    - Would I get the fingerprinting notice directly or would my employer receive it?

    - What other formalities would be left after (assuming) 485/765 are approved?

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?



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