Sunday, June 12, 2011

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  • senthil1
    05-07 12:42 AM
    Sen Sessions is not only person who is opposing Cir/skil.There are many people in the Senate are opposing. Everyone knows that congress is evenly divided on immigration. But 10 Senators can make a big difference if some compromise bill is introduced. So anything can happen in next 2 months in immigration. Sometimes short time is advantage as they may pass bill in a hurry and lot of provisions may be passed without big visiblity.

    No one can predict at this point of time. The optimism
    is thinning every day. So far nobody could come up
    with anything that is agreeable.

    Our best friend Sen. Sessions is trying his best
    to distroy any bill. Now he is trying to propose and
    implement a point based system. Who know when
    the point base system is ready for discussion he
    will propose a DNA based system....

    So my friend I'm scared to hope on immi
    sector. Good luck to you

    -babu





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  • GCSOON-Ihope
    11-07 01:16 PM
    Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....

    Everybody is a tool to any business, no matter how you look at the situation.





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  • kishdam
    11-06 03:32 PM
    All Guru's
    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)


    The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.

    In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).





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  • solaris27
    01-29 09:19 AM
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ? No chance - i did for me and got GC .

    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .

    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?

    NO

    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no



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  • a_yaja
    09-13 10:37 AM
    I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

    Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

    Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

    Thanks,

    You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.





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  • Pallavi79
    02-15 09:28 AM
    <quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
    there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.



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  • whiteStallion
    03-04 07:44 PM
    Congratulations ! Its party time! :D





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  • looivy
    11-12 05:46 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.

    Regards,
    Teky.

    What about Ciudad Juarez or Nogales Mexico? Any idea how long?



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  • dreamworld
    06-30 12:57 AM
    There is no time to think at this situation. If the labor says BS+3 years then you need that exact same experience to qualify.

    I do not want to say NO to you. But someone else can help...Anybody here...





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  • pathiren
    06-06 07:50 PM
    Admins / Folks,
    Any updates on this!

    06/06/2008: U.S. STEM Advance Degree Numberical Limit Exempt Immigration Bill Introduced in the Senate

    There is a bill pending in the House which was introduced by Rep. Zoe Lofgren of California which is similar to this new Senate bill which was introduced yesterday by Sen. Barbara Boxer of California. The House bill is H.R. 6039 and the Senate bill is S. 3084. Both of these bills propose to exempt U.S. advanced degree holders working for the U.S. employers from the numerical limit in the employment based immigration. The full text of the House bill is posted on May 11, 2008.



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  • kaisersose
    07-27 12:57 PM
    There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

    This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

    Doctor: Ok..Take off your pants and let us have a look at your friend.





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  • samcam
    10-24 12:57 PM
    I am planning to invoke AC21 and change employers very soon. I need inpuit (good/bad) on any attorney to use. I have done initial consultation with Murthy law firm, but looks like their charges are high.

    Any input in this matter would be appreciated.

    - Samcam



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  • buehler
    07-18 02:02 PM
    With the elimination of labor substitution, I am sure USCIS will investigate all existing labor substitution applications too. So if I were you I would not move to the new company before I-140 is approved.





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  • meridiani.planum
    07-13 12:32 PM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny

    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.



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  • gnutin
    05-05 03:46 PM
    Thanks to everyone who responded. So in summary, it looks like:
    * I can own a business on H1B.
    * I cannot take any proceeds/profits from the business, but can use it to grow it further.
    * I can work for the business as long as I don't take any money from it.
    - Can a guru please confirm this?
    * The business can buy me equipment and accessories to work.

    As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.





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  • Bpositive
    03-05 08:13 AM
    My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.

    Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.

    Any similar experiences , please post.

    Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done



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  • sanjaymk
    07-18 12:46 PM
    Thanks to the CORE team and everyone here who chipped in and made us not feel alone in this fight.

    Thanks,
    Sanjay.





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  • subarashi_indo
    11-30 12:26 PM
    I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
    Here's the link that I was referring to...
    RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)

    What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
    Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.

    Thank you.





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  • krustycat
    10-31 03:03 PM
    Still the same, they are telling me the same story.
    Wait, wait and wait. That's all.





    intheyan
    08-13 09:03 PM
    Back log elimination..
    I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.

    My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.

    The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.

    The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.





    jotv
    10-16 11:14 PM
    :(hi gcpadmavyuh ,

    here is my question i got h1 that is starting from oct 1st and i got ead also .

    i dont have ssn also . my i-94 got expired.

    1) now i am on which status ?

    2) how to come from h4 to ead in my situation ?

    3) how to actually use ead or h1 ?

    4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?

    5) in my situation how uscis will recognise am i using ead /h1 /h4 ?

    6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?

    7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?


    please clarify this doubts . please other experts suggest me.

    thank you in advance



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