Tuesday, June 14, 2011

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  • kiran_k02
    07-14 01:27 PM
    Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.

    Please visit the old thread, you will find lot of information about this issue.
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/25671-transit-visa-at-frankfurt.html

    Also take a printout of the information from the Website (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html) (German Consulate Website).

    I hope you have already searched the threads for the information you are seeking and then proceeded to post your issue.
    I don't know IV policy but if we have an existing thread then please re-ignite the thread by posting your concerns which are missing from the posting. This way we can have single thread for single piece of information. Right now we have scattered threads for unique issues, same information gets repeated several times.

    Anyway have a nice vacation, don't worry too much about it.





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  • rayen
    05-06 06:04 PM
    Case: H1B transfer Denial

    One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
    Can he go back to previous employer ?
    Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
    Please let me know it is kind of urgent...





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  • EB3_SEP04
    01-28 09:21 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

    485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:





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  • greencardfever
    09-09 11:16 PM
    Hi,

    I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

    I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.

    If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?

    If it�s the former:
    1) Will my old priority date get transferred too?
    2) Does it matter if the Company Y is not located in the same state as compared to Company X?
    3) Does it matter if my job description and/or designation at Company Y is/are different?
    4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
    5) Does Company Y have to communicate with Company X to get any green card related paperwork?
    6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
    7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?

    Any response will be greatly appreciated.

    Thank you.



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  • apatel_17
    04-27 10:57 AM
    does anyone know when CIR will be discussed in the house and in the Senate?

    Senate taking it up in the last 2 weeks of May. House has not scheduled debate on CIR yet, I believe. Supposedly this is the quiet before the storm. I believe a lot of backstage deal-making and negotiating is going on to get bipartisan support for CIR.





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  • idli_vada
    07-02 09:46 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.



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  • eb3_nepa
    04-03 08:10 PM
    Why is it still unaccessible? Are you guys experiencing the same?
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Works just fine for me





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  • meridiani.planum
    11-06 05:01 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.

    incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.

    In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.

    To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).



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  • Hassan11
    02-21 04:35 PM
    My answer might be a little too pessimistic but I actually filed an appeal for a denied LC in Sep 2006. and as of today I still haven't heard from them. we tried calling and emailing them but they keep asking us to wait and they will get to it.

    sorry and good luck. please keep me updated if you hear something from them.
    Thanks

    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.





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  • ashishgour
    04-30 04:09 PM
    Not yet..he has been questioned abt illegals..but is also talking about highly skilled immigrants...



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  • andy garcia
    07-18 04:19 PM
    thanks for the answer buddy

    woaaah.. that's a very little number.... :p

    Last year the top 5 countries in EB got all these visas:

    Total EB ****** 159,081
    Philippines ***** 23,733
    India ********* 17,169
    Korea ******** 10,886
    China ******** 9,484
    Mexico ****** 8,864

    The actual limit is 7% of the total EB plus FB which is:
    (140,000 + 226,000) * .07 = 25,620





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  • nkavjs
    11-15 10:00 AM
    I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.

    There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.

    From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!

    By this location I mean where Ashleys furniture is on US 31 and 146th Street.

    I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.

    Hello Folks :

    I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
    Thanks
    RPH



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  • ryan
    05-13 08:59 AM
    Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..

    Admins -- I'd like to know as well please. I signed up for recurring contributions, send through a few emails to the admins. No response yet. Appreciate the access. Thanks





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  • glus
    11-06 01:49 PM
    Guys,
    I wonder if anyone has any info about this.
    A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.



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  • ajju
    08-13 12:44 AM
    This means clouds are flooded with GC's and they are dropping to earth drop by drop.

    loved the song.. heard so many times.. without knowing the detailed meaning :-)

    I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)





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  • sanan
    06-04 08:15 AM
    PD July 2002
    no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(



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  • BMS1
    05-25 11:28 AM
    please post the names and email adddresses of the authors....so we can all contact them.

    Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.

    I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
    90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
    exists...

    Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
    "exceptional aliens" - Any one having merit points tally in the top 146K of that year with or without Y visa (even H1 will do). For those with Y visa and having merit points tally in the top 156K of that year





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  • rbalaji5
    02-20 01:27 PM
    Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

    We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

    Gurus - Please advise.





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  • srikondoji
    10-18 04:49 PM
    I will vigorously start buying megamillions and powerball tickets twice as musch as i do now. Atleast getting powerball lottery is better than getting GC through EB2 and EB3 category probability wise.

    go powerball
    go megamillions





    chanduv23
    09-17 06:58 AM
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    gceb3holder
    02-27 06:50 AM
    Yes it is possible, since until I find a job that I really like it will take some time, problably I can even negotiate to start after the 181th day.

    Also, what would be the process? Does the new employer needs to notify INS that I am changing jobs? Os this can be done without advising anybody but the former employer?



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