Tuesday, June 7, 2011

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  • viper673
    06-16 08:05 PM
    The 180 days AC-21 rule only applies if your I-140 has been approved.

    If you only have a receipt notice, then you don't have the option to invoke the AC-21.

    Lay low...





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  • purgan
    04-26 02:52 PM
    vikki76 may have gone a little overboard with the salary statement, but the rest is true....there is simply more information stored in govt databases for a foreign national, hence more rigorous screening is possible





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  • aj_jadeja
    04-20 12:12 AM
    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.

    Well now days US consulate have started 'returning worker quota' for every weekday appointment. I used that procedure in Dec 2005. My return date was 2nd Dec 2005 and i went to Visa appointment office on 23rd nov and they gave me appointment for 30th Nov .

    I also came to know that mumbai consulate takes some candidates (emergency case) without any confirmed appointment from 9:30 to 10:00 am.

    Hope this helps.

    Aj





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  • shortchanged
    08-17 08:38 AM
    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!



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  • GC_Geek
    09-11 04:50 PM
    For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..

    First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
    On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
    Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.

    In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...





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  • nagio
    01-08 07:40 AM
    Did you try the counter passport collection option?

    https://www.vfs-usa.co.in/ApplnForms/CourierSystem.aspx



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  • abhay
    01-20 01:18 PM
    Abhay,

    It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.

    Ann

    Thank You Ann.





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  • willwin
    05-14 12:43 PM
    Now you dont have even option to get EAD so I would say stick with CP.

    Thanks for your reply. I fully understand how CP and 485 route works and differs. All that I am asking is now that we know EB3 I is going to take 3-4 years to move past a year worth of filing, can we do something to CP filers?

    Or, are CP filers (who are already working in the US) such a minority that they can be ignored?



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  • varakur
    08-10 07:41 PM
    Thanks Jasmine/lacrossegc/etal,

    Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,


    Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

    thanks so much,
    -Prasad
    PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.





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  • sayantan76
    05-31 09:04 PM
    A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?

    If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
    My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

    I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing



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  • boreal
    09-22 03:59 PM
    Hi PCS,
    I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?

    Thanks,
    pcbadgujar


    Oh God!! People can and will do anything to abuse Labor Substibution.





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  • hsingh82
    04-09 05:28 PM
    Enjoy the freedom!!



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  • a1b2c3
    10-02 11:24 AM
    Dec Bulletin will see EB categories being opened up. Don't think there will be any change in Nov Visa bulletin.





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  • rangaswamy
    07-28 05:01 PM
    --



    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.



    -- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.


    When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.

    Ar



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  • hobbyaddict
    December 3rd, 2008, 04:22 PM
    It's here! On time, and as described in ad. This weekend it will get it's first workout... Reading up on new features. I am going to set a few test "banks" (pre-sets) based on last years experience at that facility. Hoping that only minor tweaks are necessary once there.

    Fun...


    -Ed





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  • guyfromsg
    09-20 09:32 PM
    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.

    cheers

    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..



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  • thesparky007
    04-17 07:48 PM
    there you go! I really like that one! :A+:finally!!
    thanks





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  • go_guy123
    11-03 04:47 PM
    Pls let us know if you would like to tell your story in a media interview?

    Sure why not.

    I came to us in 1999 did my masters here in US and graduated in 2001.
    I worked for some time on OPT and then went back to work in India.
    I came back in 2005 , the immigration situation being very bad with retrogression I applied for canada immigration from US ( from india
    there is a severe backlog...canada has a per immigration visa post backlog unlike us which has per birth country backlog)

    I recently got Canada PR , I joined the MBA here at U of Toronto.

    Had I been in my early 20s I would have thought about US imigration.
    Nowdays it take 7 to 8 years ....thats more than 10 to 15% of your productive life.
    I have talked to my friends ( from IIT delhi ) all of them have same opinion...its a lost cause
    now. Now that theyhave invested 5 years they dont want to quit.
    Only 1 in know who did MS in US and got GC. Rest were all PhD who got GC through EB1.
    EB2 , EB3 is all dead now.


    Now it too late I need to settled . How can I marry with the insecurity of moving from place to place in search of contract project, bodyshopper eating avay 30% of your billing rate etc.

    I have given up hope. There are challenges in Canada as job market is
    not that great but atleast I can sleep at night without having to worry
    about the immigration. Ihave one more friend working in Canada he also moved from US.
    The salary rate etc is lot lower in fact. On the whole Canada is hard for foreign educated...
    one of the reasons I am doing an MBA.


    1.5 years it takes for Immigration from US/Canada. Actually
    from Canada its faster but there is hope. The uncertainity in the US process
    is unbearable.





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  • clif
    03-01 01:44 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.





    rayen
    12-02 01:15 PM
    Experts,

    My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....

    I have approved 140 and my PD is : AUG 2006 EB2- I.

    STATEMENT OF LEGAL SERVICES


    H-1B visa extension deposit $ 700
    H-1B visa USCIS filing fee $ 320
    H-1B visa AWCIA filing fee $1,500
    H-4 USCIS filing fee $ 300

    Balance Due $2,820

    Thanks, Rayen





    iv4gc
    07-28 10:04 PM
    Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.



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