Tuesday, June 14, 2011

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  • pappu
    07-26 10:55 AM
    pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
    in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.

    no my point was--

    is there an expiry date for labor approval if 140 is not filed?




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  • chanduv23
    03-16 09:22 AM
    guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?

    thanks

    Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.

    What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).

    On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.

    Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.

    So, it is not a straight forward process.

    You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.

    But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition




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  • YesGC_NoGC
    04-14 10:44 PM
    CAn some one create survey for this?




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  • cin45220
    01-26 04:45 PM
    u are a rasam drinking gulty, right?
    :eek:

    check your facts again. racism is considered sexy these days ;)

    If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...

    With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..

    -CinBoy



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  • snathan
    02-17 09:14 PM
    Thanks a lot snathan.

    emploer A is still holding my H1b, they did not revoke it.

    employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
    H1b transfer.

    The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.

    please help me.

    Yes...if you get the approval, you can join the company B, anytime you want.




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  • WeShallOvercome
    12-26 03:27 PM
    I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?

    ;)


    Check out the USCIS headquarters and look for the junk yard there..



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  • ss1026
    08-03 04:32 PM
    This is the latest on my LIN number ...

    Response to request for evidence received, and case processing has resumed.

    What does it mean ... Any Ideas folks ...

    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it




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  • keepwalking
    05-20 01:44 PM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.

    I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.

    I got approved in 3 days after they received their letter and my wife got her GC in 2 months.

    Good Luck



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  • techbuyer77
    07-20 08:54 AM
    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

    this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
    You must only go back IF AOS IS APPROVED within 180 dyas from filing.




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  • chanduv23
    04-21 04:27 PM
    Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
    According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

    Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.

    Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.

    But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".

    Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.

    So what is the status when one files MTR? It is not defined.

    Thats exactly why I said " An Attorney will be able to explain"

    My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.



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  • camilopino
    01-08 03:34 PM
    Is there any relation between biometrics and the final green card approval time?

    I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.

    Is that the case?




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  • braindrain
    01-10 01:21 PM
    hi

    My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.

    Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.

    If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.

    Thank you in advance

    I have done some research on the issue and spoke with one or two friends who came across this kind of scenarios. You can correct the details in the passport which I bet will be lengthy and time consuming OR correct the Birth Certificate which will be little easier as compared to the first one. If not fill the VISA related forms with the information you have in the passport and take an affidavit to explain the difference in place of birth in passport and birth certificate.

    In my case my mothers name is different in the passport and birth certificate and I have taken an affidavit indicating that they are one and the same person. They will be going for VISA this week and I hope things should go well...

    Will keep you posted on this...



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  • satishku_2000
    08-15 03:32 PM
    I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close

    Did you use AC21? how long ago you applied for 485?




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  • Sakthisagar
    08-06 02:14 PM
    Is it a big blow for desi consulting firms??

    US raises H-1B, L1 visa fee by $2000


    Washington: The US Senate today approved a substantial increase in application fees for H-1B and L1 visas, most sought after by Indian IT professionals to fund a $ 600 million emergency package to improve security along the porous Mexican border.

    The proposed massive increase in H-1B and L1 visa application fee would primarily affect the top Indian IT companies who rely majorly on these categories of visas to continue with their work in the US. The Senate measure increases the visa fee to $ 2,000 per application on those companies that have less than 50 percent of their employees as American citizens.

    "I prefer our source, which is from these companies which are not, as I say they are companies whose whole purpose is to bring people in on H-1B and the vast majority of them from other countries who go back to the other countries. That is a better funding source," Senator Charles Schumer from New York said in his remarks on the Senate floor.

    Schumer along with his other democratic colleagues including Senator Claire McCaskill has introduced the legislation in this regard, which was passed by unanimous consent. During the debate, however, Senator John McCain wanted to fund the security along the Mexican border with the stimulus money, which was turned down by Schumer.

    "The bottom line is this. I like the H-1B programme, and I think it does a lot of good for a lot of American companies. In fact, in the immigration proposal I made, along with Senator Reid and Senator Menendez, as well as the outline with Senator Graham, we expand H-1B in a variety of ways," Schumer argued.

    "There is a part of H-1B that is abused, and it is by companies that are not American companies or even companies that are making something. Rather, they are companies that take foreign folks, bring them here, and then they stay here for a few years, learn their expertise, and go back. We think we should increase the fees when they do that," the Senator said.

    Rejecting McCain's proposal to get the funding from the stimulus money, Schumer said: "I hope, even though I cannot accept these amendments, that maybe we could come together on something that we could bring back in September because I do believe we have to secure the border."

    Schumer said: "Even in the comprehensive proposal that we made, we said we have to secure the border and do other things as well. It is my belief that securing the border alone will not solve our immigration problems; that until we have comprehensive reform, particularly in making sure employers do not hire illegal immigrants which they now do, even though they do not know they are illegal immigrants because documents are so easily forged, that we have to do comprehensive. But we should do the border. To say we have to do comprehensive does not gainsay that we have to work on theborder and work on it quickly and soon."

    It is not clear yet, if this increase would also apply only to those firms that are also H-1B-dependent.

    All Politics, .. only senate approved this now Congress has to put on vote and pass this and The President has to Sign, then only this is a Law other wise this remains as a Proposal.



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  • dharmesh.pariawala
    01-08 02:37 PM
    I read on www.immigration-law.com

    01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform

    Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.




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  • sky7
    07-26 01:04 PM
    Oh...EB3 I140 Premium filling starts August. Possibly EB2 too!

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

    (hmm..how come my thread doesn't get updated in the main page!)



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  • varadan73
    12-12 01:00 PM
    What if i leave it just like that?




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  • RDB
    08-28 02:39 PM
    Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!

    mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.




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  • TwinkleM
    07-02 02:39 AM
    @ Sunny1000, Thanx a lot for the information. Appreciate your immediate response.




    ubetman
    08-05 08:50 AM
    guyz,

    Did I make sense in my previous post...suggestions plz...thanks...




    Motivated
    06-18 11:34 AM
    donated $50; learned about the organization on June 8, participated in the event - not knowing any of the issues. Was an eye opener to the legislative process. I did not do much, just accompanied the IV members to the meetings - these members were well prepared to present the case as well as to answer questions. I am impressed, and here I am registered and donated.
    Thank you IV for being pro-active. Feels good to be part of the action.



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