Friday, June 10, 2011

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  • peer123
    06-11 06:59 PM
    please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.

    I totally agree with you, people should use civility in thier comment. Do not be harsh so much that the open speech right on this forum is withdrawn.





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  • WeldonSprings
    10-14 02:49 PM
    bump...anyone please answer my questions. Thanks.


    I have a few questions on using AP-

    1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.

    2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?


    3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?

    Please let me know. Thanks in advance.





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  • ramaonline
    12-28 07:23 PM
    Note that u can only have passive investments (something like investing in stocks) while u are on H1B - Actively working for your business is not allowed.





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  • mirage
    01-29 09:43 AM
    I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
    It seems we are in synch.
    Sep 04

    MTR approved in December 09.

    RFE for EVL on 23 rd Jan 23 rd.

    Replying this week.

    Let us see what is in store.



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  • jonty_11
    07-17 10:56 AM
    Guys please do not think of this site as one from Rajiv Khanna (immiportal) or other Chat forums...this is a grassroots organization that consists of people like you and me who are devoting their time to work for the EB community causes.

    Do not let their efforts go to waste due to lack of funds. Contribute.





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  • mayitbesoon
    07-10 04:36 PM
    Similar issue here.

    I have been working with my company on EAD for last 6 months.
    I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.

    In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.

    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.



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  • Becks
    02-17 04:51 PM
    It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.





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  • paskal
    08-22 11:32 PM
    Hi Sunil,

    We are happy to provide you all the info and include you in planning the trip.
    Please click on the link in my signature below for the iv-mn-mw chapter
    Please do provide all the requested info and I will be delighted to add you to our google group. We may be having a conference call soon to discuss the trip so do join up asap!



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  • InMess
    02-22 09:34 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.





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  • redcard
    09-27 12:07 PM
    Today morning�s market place on NPR had a feature on the shortage of qualified technical professionals in US, mainly because of the shortage of qualified American Professionals and difficulty in hiring foreign professionals. This discussion was in reference to a labor department report with regard to the new job creation. There was a mention that the oil and gas sector is also facing very high shortage of qualified and experienced technical since US had no major expansion in this area in the last decade as a result of which getting experienced professionals has become more difficult.

    I also found this news article which also mentions the same thing.. may be it will help to bring this to notice of the lawmakers..

    http://www.mercurynews.com/mld/mercurynews/15618901.htm

    ""
    ``We think the growth could be much higher,'' said Josh James, AeA senior manager, research and industry analysis, who contributed to the report. ``Numerous tech companies are having a difficult time finding qualified workers, both because fewer U.S. kids are coming out of universities with science and engineering backgrounds and companies are having a more difficult time hiring foreign nationals because of the visa process

    "

    Iam sure if nothing else.. it will help the H1 Cause...:)



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  • kmdhar
    09-19 11:08 AM
    You can enter back into USA as long as your visa is valid in your passport(even on the day of expiry) and also you already got the extension, so that should not be a problem for you. But you cannot enter in to US just with your extension approval.
    To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.





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  • still_waiting
    06-03 09:20 AM
    good job !



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  • Mahatma
    06-04 12:49 PM
    Please make the following correction in my earlier post.

    It is wrong to say that start NIW now. Do it after OPT.

    EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.





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  • wandmaker
    12-02 11:30 PM
    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!

    As long as your (immigration) records are clean, I do not see any issues in COSing to B2 from H1B. You do not have to go into greater detail about your future employment. You just need to mention that you have some personal closing tasks and site seeing to do before leaving the US for good, it should fetch you 6 months.



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  • eb3retro
    02-04 10:35 PM
    I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

    Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

    Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

    Thanks for all your inputs.

    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.





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  • kkking
    11-02 06:41 PM
    hi guys, are you guys able to see the status online? I am not.



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  • snathan
    05-17 04:48 PM
    Hi,

    I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.

    I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
    Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.

    Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?

    How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.

    You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.





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  • bp333
    10-29 03:38 PM
    Thanks much for all your suggestions..i will inform lawyer about this.,

    Hi PDCOT05,

    You should be OK, I am aware of same situation and they accepted the refiling.

    Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..





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  • Templarian
    07-21 07:47 PM
    Hardly - performance is one of the big advantages of Silverlight. It runs a similar version of the .NET CLR in it! What are the examples that you've seen that run slowly?
    So Silverlight 2 runs way better than 1.0 on some of the sites you showed us. I take it back.

    Plus I mean there a good chance Silverlight will have DX/OpenGL support before Flash gets any where close to full 3d support.

    Can Silverlight load .x models yet?





    BraveMadMan
    07-17 11:55 PM
    Totally agree. Let's relax for a few days, and then move on to tackle the issues





    lj_rr
    07-30 10:24 AM
    This is what the FAQ says

    "Q5: Where should employment-based adjustment applications be filed?
    A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."

    Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
    This is what is confusing me.




    Please see Q5 & Q6:

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Also FAQ2 for your reference:

    http://www.uscis.gov/files/pressrelease/FAQ2.pdf



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