Friday, June 10, 2011

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  • monkeyman
    08-29 02:05 PM
    I checked my bank account today. The checks got encashed.
    USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.

    Nothing so far - lawyer says not one check is encashed so far -




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  • pinky001
    09-18 03:51 AM
    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately




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  • gc_on_demand
    10-05 10:50 AM
    If they are planing for such process and so confident about passing it soon in 2010 why would they layoff tons of temp and perm trained employees because of 100 Million gap in budget.

    I think whole thing is politics. One day Mr President says it will happen , next day Vice President says will not happen ... few days after Senators agrees to introduce by certain date, but does not. Again congress man agrees to introduce but not going to happen. and then all sudden USCIS directors says they are working on it with laying off people.

    All these talks are only talks .. There will not be any firm action by this administration or congress.




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  • pcjandyala
    08-09 11:58 PM
    Kumar,

    We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.


    Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.



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  • slowwin
    07-09 11:48 AM
    Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. .

    It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D




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  • anuh1
    03-16 04:15 PM
    Mine was filed 2nd week of Feb and still waiting .....



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  • LondonTown
    05-23 12:21 PM
    Only one application is needed.

    I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.

    Your LCA's and I-129s end date should be the date after one year plus days to recapture.

    Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.


    Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
    Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
    Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
    Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
    I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
    Please help .




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  • CRAZYMONK
    09-24 11:38 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!

    I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.

    Is that RFE just for G-28?



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  • lostinbeta
    09-06 03:22 PM
    Hey, thanks Hojo, it took me a while to get that text to work correctly on the board. Darn CSS. I was trying to use span tags when I really needed to use div tags.

    Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.




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  • sekhar007
    08-13 10:25 PM
    Hi,

    Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.

    Appreciate the reply



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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?




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  • H1BDreamer
    05-27 09:48 AM
    Hi, I'm very tensed. I applied for H-1B under master CAP. I have finished all degree requirements including depositing PhD thesis. However, at the time of filing I could not wait for a letter from the registrar (it takes 5 business days).

    So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.

    Would that suffice? Could the petition be denied?

    I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.

    Thanks for any replies.



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  • tigerlibra
    09-29 05:52 PM
    Hello,
    Does anyone have any suggestions ?
    Thank you...




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  • Sandeep
    01-06 12:53 PM
    Guys, we have 200+ members on board but only a fraction have contributed. So does that mean that the rest do not know about this?
    Please pass on this message to your friends
    **************
    As you probably know, Employment Based immigration is currently showing years of retrogression; more than 350,000 labor applications are stuck in the backlog centers and there is no information on when we can see even a ray of hope. Applicants have to wait for their green cards for as many as 4-7 years, depending on the country where they were born. With retrogression, applicants are unable to complete their final phase of green card even if they have cleared all the previous hurdles. We, a group of volunteers at www.immigrationvoice.org . We have set up a non profit organization to work towards resolution of these problems.
    In the past we have seen that due to a lack of professional representation, employment based immigration issues have been ignored by the lawmakers. The latest example has been dropping of section 8001 & 8002 from the Budget Reconciliation Bill passed by the congress in December 2005. With comprehensive immigration reforms on the anvil in the early part of 2006, the time to act is now. However, with the current political scenario and the overpowering debate about illegal immigration, this is going to be an uphill battle. We have already initiated talks with professional strategists who have in the past been able to achieve goals similar to the ones we are working for. We feel that these are the following ways a professional strategist can help:
    1. Identify feasible goals that can be achieved and are representative of the people in this forum. We should not have to piggy back on H1s or illegal immigration - we need an identity of our own
    2. Identify the champions amongst the lawmakers, alliances, organizations who are willing to shoulder some or all of the responsibility in passing provisions to solve retrogression & address labor backlogs centers.
    3. Identify opportunities to meet/interact with those mentioned in point no 2.
    4. Help us in putting our points across cohesively and in a way relevant to the political situations
    5. Keep a close monitor on the progress and the situation so as to identify the opportunities as they arrive.
    Hiring professional strategists requires several thousands of dollars. If we hope to counter some of the anti immigration propaganda, we have to accumulate funds to the tune of atleast about $100k. Keeping this and the short deadline in mind, we would urge you to contribute at http://www.immigrationvoice.org . To lead by example, the volunteers have themselves come forward with contributions - in one night we had a collection of around $5000 from 20 contributors. This is a tiny fraction of what we as an organization need.
    We also need your contribution in terms of your ideas and efforts by registering you as a Volunteer. Please be assured that funds and their utilization would be transparent in this process. All the volunteers will be provided a weekly update on the funds collected and their utilization. We look forward to you helping us and yourselves.
    Please contact us for more info at info@immigrationvoice.org

    Thanks
    Your Name
    **************



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  • eb3_nepa
    02-12 06:09 PM
    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    !?
    Question is asked when they sign in... or login to the website!

    Now hang on a minute there!

    There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:

    I dont want to take the pain of "mailing the letters"

    Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE




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  • gc_maine2
    07-03 03:21 PM
    see answers in Red

    Hello all,

    I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

    __________________________________________________ _______________
    2. I am __ years of age and have resided in the United States since (date) ______

    Do I enter the date I first landed in the US, or the most recent landing?Yes date of first time entry into US

    __________________________________________________ _______________
    3. Name of spouse and children accompanying or following to join person:

    I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?You need 2 i-134 forms, for your father write your mother name, & for your mother's 134 write your father name
    __________________________________________________ _______________
    7. I am employed as or engaged in the business of _______ with _______

    Should I enter my company's business type in the first blank and name of the company in the second blank?Your title"programmer" with .. Company Name______________________________________________ ___________________
    8. The following persons are dependent on me for support:

    My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
    __________________________________________________ _______________
    9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

    I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?I don't think you need to write your wife name, this is generally of you have sponsored visitor visa for your brother sister., in-laws.. ect.. if you have not sponsored anyone don't write anything
    __________________________________________________ _______________
    10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

    I had of course sponsored my wife's H4. For date submitted, what date should I use? "None" , but check with others
    __________________________________________________ _______________
    11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
    What should I enter here?
    Check Intent to & wirite that all expenses incl. but not limited to ticket, accomdation, medical & . if you want exact text PM me
    __________________________________________________ _______________

    Thanks in advance!



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  • apahilaj
    09-28 05:04 PM
    graj012, thanks for your input. You phrased it nicely.

    Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.

    Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.

    Good luck!




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  • txh1b
    08-18 11:19 AM
    Who in the right mind would base their decision of the replies from a forum anyway. People come to the forum to get the thoughts from others but would have to go with whatever a legal counsel says to be sure.

    And remember, not many legal professionals know what they are talking about either.




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  • santa123
    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts




    fatboysam
    05-17 12:39 AM
    I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?




    gc4me
    02-10 03:04 PM
    I have an EB3 LC/I-140 (2003 PD) approved from company X, now if I join company Y and file a new LC in EB2, can I retain my old PD?
    Anybody has above experience, please share. Appreciate your responses.

    I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
    Thanks



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