Wednesday, June 8, 2011

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  • jvordar
    04-07 03:08 PM
    ok one question i have here is lets say if you have crossed your 6 years H1B limit and now the current employer does not give u copies of I140 and labor, in this case the new company wont be able to file for your H1 renewal coz the renewal is based on labor and I-140.. in this case there is no choice and u r forced to use your EAD... is that right??





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  • cygent
    08-19 01:01 AM
    Please let me know.. This is urgent for me right now.
    Thank you all.

    Hi Arvin_H1,

    I have an MS degree in Materials Science & Engg, but work in IT. My 1st H1 transfer was denied, but the 2nd time it was approved with lesser documentation. Although I feel I am qualified in my capacity, of course I am very Thankful & Grateful (for now, I still have a long ways to go :p) Go figure, that is USCIS!! PM me if I can try help you further. Don't worry, there is always hope.

    wandmaker is absolutely correct, the I-94 date is critical. PM us for further clarification.





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  • sairam
    09-17 03:32 AM
    In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.


    No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.

    Thanx!





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  • pmpforgc
    04-26 09:24 PM
    Completely agree with the point that you are trying to make here. Since the time I have been here, each year I have seen my juniors/friends come to U.S. on h1b visa/F1 visa/h4 visa., pretty excited and having a rosy picture of their future, completely unaware of the mess that we are in. This reminds me of the time when I came here few years ago, absolutely unaware of the green card backlog and the filing process. If I knew then what I know now, my life would have been completely different. Each year, thousands of Indians enter US on h1b/F1 visa, each(or atleast most) of them hoping to have a smooth transition to green card, ignorant of the terms " labor" "PD" "Retrogression" etc. when they do realize the meaning of these terms and their impact on our lives, they get a rude shock. It is unfortunate that people with PD of 2002 (in EB 3 india) are still waiting for their GC 8 long years after applying for it!!Imagine the plight of the youngsters entering U.S. now,who will apply for GC under EB 3 say in 2011 or 2012. Would it be a 25 year wait for them and are they ready for it?

    I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.

    I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.

    I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)

    IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.

    But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.

    IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)



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  • jaggu bhai
    07-27 10:35 AM
    Hi Friends

    My status is I 140 is cleared, waiting for the next step.
    Question is....
    My wife is on H4 and as it is difficult to get a job now and change to H1 (civil engineer),
    We intend to use this time for her studies.
    We need your suggestion (few people based on their own experience),

    1.As we cannot afford financially to study in a full time college, we wanted to make it part time or online (whatever-which costs us less).
    2.Is it good to study on H4 or betterto convert to F1 and study (so that SEVIS and further usage of it down the line!!!!)
    3.If some seniors has done like this, pl advise some universities.

    Thanks





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  • rockstart
    10-05 02:55 PM
    That is a pretty impressive list of advisor's. Thank you IV for the great work.



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  • number30
    04-25 01:57 AM
    Checked with my company lawyer. According to them it is a separate document from marriage certificate.
    I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
    I am not sure how will I get this document sitting in USA within 2 weeks.

    Is there any other alternative ? Has any one faced with this kind of RFE and has given
    some substitute for "Memorandum of marriage"

    It might be application you made for registering the marriage. I googled it and got this result
    http://www.karigr.org/download/hindu%20marriage%20forms.pdf





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  • javadeveloper
    08-31 09:36 AM
    Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.

    Why Not?? 80% of Desi Companies do illegal things like

    1.charging for H1B
    2.charging for GC
    3.Not keeping employees on payroll
    4.Not paying on Bench

    All companies are required to follow the rules/law



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  • fatjoe
    10-23 10:53 AM
    I found that EADs from NSC are being issued for filers until Aug13, as of now. I guess the processing time is like a week and half of the week, for every day. So you could be getting in 3 weeks.





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  • cherupally
    09-17 05:43 PM
    If you don't mind sharing, what is the date on the RFE letter?

    9/2. Recvd in mail on 9/8. Replied on 9/11. Recvd at TSC on 9/15. Status changed to 'processing resumed' 9/17.



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  • SeanDell
    06-01 02:33 PM
    Search for "six-month rule", in "trave.state.gov"
    If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
    And yes, I mean official requirement for "entry".

    How you think H1B documentation will act as a proof of "permanent residence" intention?


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.





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  • starscream
    05-30 11:08 AM
    Here is a general question to all:

    My understanding is that immigration reform bill that the house is set to discuss in June (STRIVE Act) does not recommend a point based system instead it incoporates certain elements of SKILL Bill like inc. H1B quota / reducing EB backlog. So let us say in June if the house passes the STrive Act and by then the Senate has already passed the CIR with MBS then how does Congress decide between the MBS of the Senate CIR and the EB proposals of the STRIVE Act. How will they choose between the two?



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  • roseball
    07-18 03:21 AM
    Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....





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  • shx
    03-05 04:42 PM
    You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?



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  • Norristown
    10-15 11:49 AM
    Also carry the proof (H1b receipt notice) that your H1b is applied waiting for the approval and letter from your employer that they have applied for H1 extension.





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  • chanduv23
    03-14 02:18 PM
    My project got over 2 weeks back and I have an EAD. I am looking for jobs and the market is very tight.

    So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs



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  • cagedcactus
    07-31 07:22 AM
    Your input is much appreciated. I filed my I 140.
    Thanks a lot again.....





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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!





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  • webm
    02-28 01:36 PM
    Dear friends,

    I am not fully clear on this..

    Are they going to be seperate FP notices one for 485 and one for 765??

    So far I have received only one FP notice..So does this effect EAD renewals??

    Any one on the same boat??


    Thanks!





    snhn
    10-23 05:09 PM
    Hello all,

    is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.

    I have some co workers who got their EAD and AP approved on the same day.

    so just wondering if there could be something wrong or is this normal.

    Our cases are in Texas.

    Thanks!





    bkam
    03-17 11:15 PM
    EB3_PERA,

    Immigration to Canada is the most obvious option in case you want to stay within North America. Being Canadian permanent resident / citizen allows you to run business in the States under certain rules.

    Another option is Australia but it is a bit far away and in fact the country is not very much populated - less than 20 mln people. I.e. business is not booming.

    Dubai is an excellent option for making money, or at least that was the case 10-15 years ago. Its economy is still booming.

    <snip>



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