2011年6月14日火曜日

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  • amoljak
    03-22 11:13 AM
    I think he was talking about s1932... the immigration related provisions were removed from that in the conference. You need inform them that they should at least get behind the Frist bill or Spector bill and request them to support removing the hard limits on the country quotas.

    Some talking points may be:
    Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
    Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
    Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.




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  • thuristic
    09-01 09:04 PM
    Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.

    I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.

    For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.

    cheers,




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  • khukubindu
    08-18 11:03 AM
    Hi SL
    Which service center is processing your application ?




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  • HopefulNomad
    12-19 02:09 PM
    I just called Sen. Cornyn's office.
    A person actually picks up. He will ask you for your zipcode.

    I told him that I'm in support of his SKIL Bill.
    And he says that he will pass it on to the Senator.

    It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)



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  • uslegals
    11-26 05:05 PM
    congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!




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  • LostInGCProcess
    02-04 06:02 PM
    Remember, if you leave US before AP is approved, you cannot use it to return back to US. On the other hand, if its approved and if its postal delay, and you left right after it got approved, then you can make arrangement to send it to you overseas and use it to enter US.



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  • wellwisher02
    04-02 11:37 AM
    I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

    I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

    I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.




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  • skarthy
    07-17 07:42 AM
    Hi all,
    It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?

    I got my receipt and credit card - money withdrawn.

    Thanks



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  • snathan
    12-02 07:03 PM
    See reply in red

    The bill also says...

    1. The illegal's application needs to be processed expeditiously.
    2. The USCIS can not increase the fee for that

    Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.

    and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.

    so WTFs




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  • 12samanta
    07-18 11:07 AM
    Is your friend from a Desi consulting firm or a American big company? Is it EB2 or EB3? Please let us know this will help.



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  • mjdup
    01-23 12:29 AM
    IV core, thanks a million. You're well organized with a plan, this dedication will go in a long way in all future personal and professional endeavors. You are the final hope to thousands fighting this sluggish problem.




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  • radhay
    06-19 02:07 PM
    Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?



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  • vin13
    01-08 03:35 PM
    I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies




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  • smartboy75
    10-17 03:22 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com



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  • sabbygirl99
    07-07 08:57 AM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???




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  • sailing_through
    02-18 01:31 PM
    Well, thanks all for your responses, but I am as cfused as I was before I posted the question. Do any of you have any sources to back your claims. I know for sure that worldwide income has to be reported, so thanks for that clarification desi3933. But do you have a source that mentions that a person on H4 can for sure work outside. Many thanksa again guys. All your help is appreciated.



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  • jackisback
    10-06 04:56 PM
    How did you know that your case was pre-adjudicated on Sept 18th 2008?
    Is there anywhere that information is available? Thanks.

    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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  • payur
    07-14 03:35 PM
    what do they mean with "USCIS expects to provide in time-compliance for receipting of form types listed below:" and then lists the date 7/18/07 for I-485 in Nebraska Service Centre.

    I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.

    Is yours EB2?

    Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.

    Will have to wait another 2 weeks to know the facts.




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  • dreamgc_real
    01-06 09:30 AM
    CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!




    chanduv23
    04-18 10:40 PM
    Folks here is the deal.

    A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.

    As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.

    Things that trigger a denial in a straightforward case
    (1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
    (2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
    (3) AC21 - employer revoke 140

    None of the above should trigger a denial but looks like they are triggering a denial.

    It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.

    It could also be a training issue for new staff.

    As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.

    MTRs should resolve these cases but it is a waste of money and unnecessary tension.




    singhsa3
    11-26 01:05 PM
    It is enforceable as it is "I owe you". Smart and cunning guy.
    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.



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