Wednesday, June 15, 2011

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  • harryom
    04-10 11:16 AM
    Gurus:
    I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.

    Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
    Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.

    Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
    Question2: Do I need to update USCIS with new passport#, if Yes..how?

    Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
    Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.

    Any suggestions/advice..please share it if any one had similar experience..

    Thanks




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  • krishna_brc
    08-04 01:54 PM
    She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?

    I think it is safer to come back on old AP.




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  • villamonte6100
    10-05 10:47 AM
    hi, Do you know: How recent, which nationality, when was his/her aos filed

    My friend got his green card two weeks ago on EB3 Philippines. I guess not everything here is correct, but who knows.




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  • fromnaija
    07-18 06:19 PM
    I have couple of questions, couldn't find answers in other threads.

    1. My I485 was filed on July 6th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
    Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.


    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).

    TIA.

    If you are not planning on using EAD and she won't either then she needs to change status to H4.



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  • gc_buddy
    05-05 09:59 AM
    Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.


    http://www.immigration-law.com/


    05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

    * As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.




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  • eb3retro
    06-06 07:37 PM
    Or you are going to be more scared and let these suckers suck you out more? The reason I am skeptical is, time to time we IVians receive these kind of posts all of a sudden and they vanish all of a sudden too. People like american desi give you all a fantastic response and my frustration is not knowing if you guys follow it. This is america for godsake and there are laws protecting the employee from these so called bodyshoppers who almost dont exist anymore. Partly the reason is because these suckers played so much of illegal things in the past, such as writing ridiculous contracts and preying on people like you. I even wonder how come people sign these contracts even in these days. Please take up american desi's advice and stand up for yourself and show your vendor that you are not scared of these things. and last but not the least, for your sake and for other people who may fall for this trap to this vendor, please do report them to department of labor.

    Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.

    Hi

    I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

    But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

    They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

    Do i stand any chance if i contact DOL or a lawyer not payin' them.

    Any suggestions or help would be greatly appreciated.

    The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.

    Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.

    Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.



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  • vikramaditya
    05-01 12:15 PM
    i cannot contact my old employer as the company is taken over by another one .I sure can use the old PD but still have to wait for months till i 140 gets approved .This time i have a high chance of rfe and rejection as it is by a small company and for future employement .




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  • mirage41
    06-13 05:43 PM
    Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus

    Does that mean the bills could be changed further?



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  • Hello_Hello
    11-30 09:48 PM
    I have no idea what Mr. Chopra is talking about, as far as I know US administration has become more foreigner unfriendly in last 10 years and Obama administration is even worse. i don't know of 1 friendly law passed in last decade.

    The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)



    The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�





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  • serg
    04-06 11:01 PM
    The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...



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  • centaur
    02-09 11:09 AM
    Excellent idea.

    Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
    grounds for a law suit!!




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  • truthinspector
    02-20 08:50 PM
    I agree.

    This database could be used to find out the percentage of successful labor applications filed on behalf of a particular organization.

    However, I hope they are not using Microsoft Access for their actual system. If that is the infrastructure they have then we already have answers for the long GC wait ;-)

    This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!



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  • Maverick5
    08-26 05:20 PM
    Thanks for your reply. As I am applying for LC with Software Engineer, and my Masters is in Mech Engg, I have asked my employer to put "Computer Science, Engineering (Any), Math or Related" in the majors required for the position.

    I am hoping that Engineering (Any) would cover for Mech Engg.




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  • xbohdpukc
    04-06 11:12 PM
    The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...

    that's the official title of the bill, nothing wrong with it.
    they still have a cloture motion vote tomorrow morning, so we'll see.



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  • benbear
    11-08 03:49 PM
    If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.

    The total number of pending AOS in June, right before the July VB fiasco, is 597K.

    Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
    should be about same.

    EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.

    This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
    every year.

    So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.




    per USCIS released information approx 655K AOS pending application as of end of Sept 2007.

    It's also has 281K EAD & 188K AP pending applications.


    So long way to go for GC journey...

    Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf




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  • rr3
    May 23rd, 2005, 12:30 AM
    Gary,
    I really like the second one. The way your eye travels from the foreground to background is great. I also like the Joshua trees and the very vibrant blue sky in the first shot. Good job.



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  • wandmaker
    11-16 11:38 AM
    FYI - While I was talking to CSR regarding my AP. There was discussion about processing times, she told me that the new processing times will be posted this Friday.




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  • mihird
    09-17 11:57 PM
    I will tell your first hand, the path to becoming a doctor is TOUGH...

    You will need a lot of brains to clear those USMLE exams
    You will need a lot of money to appear for those USMLE exams/residency interviews
    You will need a lot of patience since it takes a minimum of 2 years to be able to apply.

    Here's what you do.

    My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.

    1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
    Each one takes about 6 months of prep time and
    shoot for a score in the upper 80s or preferably 90s - very
    few people get such high scores..
    2. Then one needs to get a B2 visa to appear for Step 3
    Step 3 is only conducted in the US
    (You WILL need the Step 3 cleared for H1 sponsorship)
    Good luck getting that B2 - plenty of people are
    denied this B2 in India - if you can't get this B2, that's
    the end of the game.
    3. Once you clear all the steps you need to apply through ERAS
    for a nationwide match for residency.
    4. Spend hoardes of money to travel to each hospital that
    invites you to an interview.
    5. Wait for the ERAS match results to be out.

    If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..

    To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...




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  • Marphad
    12-03 04:30 PM
    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!

    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.




    skd
    01-10 12:54 PM
    66% of the people who voted know someone who lost job in this Marker, I was in US when dot-com burst happened, But even then I don't think it was as bad as this time around.

    Worst part is every one I talk to says that worst is still to come. If it is so bad now , I don't know what it will be like when it is "worst". Scary situation. Even if you forget about GC, Getting a job and holding on to the job will be difficult.

    :confused::confused::confused::confused:




    chanduv23
    06-19 10:15 AM
    Here is a recap from Murthy bulletin

    USCIS Errors in Denying a Case
    AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.

    Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.

    It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.

    Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.

    If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer



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