Kamis, 09 Juni 2011

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  • jasmin45
    08-08 04:36 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.





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  • PD_Dec2002
    07-06 12:52 PM
    ?????????

    Yeah, my bad. Thanks to other posters for correcting this.

    Thanks,
    Jayant





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  • immi2006
    05-24 09:14 AM
    If you want to make decisions do it based on career progress not on GC.

    I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.

    Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.





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  • meher
    12-26 10:50 AM
    Today based on the talks with my employer, he told that he will not be able to process my payments. I informed him that i am going to DOL. He has not committed but has said that legally he has to pay only the minimum wage requirement which is the 44000$ only. I am in the process to consult attorney at present.

    Dear Internet,
    I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.

    As it has gone this far let me give my Employer Details

    Objects Worldwide Incorporation it is based in Virginia.

    Address below.
    Objects Worldwide Inc.
    10316, Wood Road Suite �A�,
    Fairfax, VA 22030
    http://www.owiusa.com



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  • digitalrain
    06-25 06:50 PM
    The link below describes where and how to apply for humanitarian parole.


    USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)

    Thank you.
    Should I apply for my kid,or put his name, as if he's applying for himself?
    I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
    Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
    Thank you





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  • JunRN
    08-11 05:19 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.



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  • trueguy
    12-12 06:11 PM
    DOS/USCIS had a co-ordination meeting to discuss how to prepare for the upcoming holiday's. The outcome of the meeting was to push EB2 cases as back as possible , so that people really can have a good time enjoying holiday. (When I say people read it as USCIS/FBI/DOS and lawyers ).

    :)
    I work for Federal agency as contractor I know very well how things work during the holiday season.

    Happy long long holiday's you all.



    All this fuss is for Jan'08 visa bulletin. What Holidays you are talking about in Jan'08?





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  • velan
    05-10 08:28 AM
    Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.



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  • kaisersose
    10-12 08:47 AM
    Dear experts.. Need your advise..

    I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

    1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

    2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

    3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

    Assuming applying L1 is not going to be invalidate my H1 papers,
    4) If I go for L1 stamping, will it invalidate my H1-B papers?

    5) If I come to US on L1, is it possible to change status to H1?

    Any help will be greatly appreciated.


    1) Possibly.

    2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .

    3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.

    4) Answered in 3

    5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.





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  • h1techSlave
    07-17 11:24 AM
    It is difficult to arrive at hard numbers using these kinds of analysis.

    For example you say "Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%".

    In reality there are no such human being exist. When a person comes here, he/she does contribute to the society. The person may not be in any official pay roll, but he buys stuff, he does work (in the house at least), he consumes services etc. Now such behavior by the hypothetically low skilled person has a positive contribution to the economy. May be the person took care of the house hold chorus of a young family, enabling the mom to take a Masters in computer science. Fast forward two years, the couple starts a successful software company which employs dozens of Americans.

    The story line that you give is the same argument that NumbersUSA gives, which is that an additional person is just a job stealer; but I disagree.


    Hello All,

    I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.

    We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.

    I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.

    These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
    example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
    Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%

    This can be bad example but it was just to put a point forward.

    Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.

    Thanks,
    M.



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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.





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  • ssnd03
    08-16 08:15 AM
    Hi -

    Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

    I mean, do these guys know what an AP is?

    Is it better to get the H1B stamping done?

    I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

    I think sometimes Indian immigration officers and even airline staff get confused with AP. Even in Germany the guy checking the passports was looking at AP funny.

    But on average I think they know what it is. I have traveled to India through Germany and I made it back with some anxious moments when they all looked confused at AP.

    You may need a transit visa through Europe if you don't have a US visa except AP. I didn't have it though and I was ok. But I had an emergency trip so no time to get these visas.



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  • grupak
    08-15 01:50 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.





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  • lfgc
    05-17 04:58 PM
    Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.

    Thank you very much in advance.
    I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
    rgds,
    lfgc

    ...recd info fm the attorney's office...

    The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
    $2,190 for companies with 26 or more employees and $1,440 for companies
    with 25 or less employees, Office Expense $50.

    so, for extension...it may still be $900.



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  • patelkirti
    04-19 11:56 PM
    Thanks,

    About paper and email trails, i think i got each and every one of them! I'm very well covered there..

    Will keep you guyz posted!





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  • malibuguy007
    07-25 07:05 PM
    www.ralphehrenpreis.com

    He is not cheap, but since my company was paying I didn't bother about the pricing. However the guy is very capable.



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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.





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  • puskeygadha
    07-08 02:47 PM
    is this becuase of arranged marriage? immigrants like us have to
    go back home find girl quickly and get married..its just like
    similar way we get screwed in the hopes of green card..

    i believe arranged marriage can be hard but we can grow together
    given time and patience





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  • waitin_toolong
    07-27 10:07 AM
    it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.

    1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.





    ganguteli
    03-06 02:53 PM
    I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...

    So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.

    I think this is wrong.

    Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.

    What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
    Country caps can only be supported if there is recapture or increase in visa numbers.





    ksairi
    08-17 08:47 AM
    Please



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