Tuesday, June 14, 2011

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  • kriskris
    04-17 11:14 AM
    My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.

    My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?




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  • guygeek007
    07-24 03:27 PM
    I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

    Suggestions and advice would be appreciated.


    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • Kitiara
    06-14 08:01 AM
    Well, poll is over, and Soul wins with 29 votes. :)

    Normally this calls for some kind of congratulations, but in the light of how truly awful that site is, I'm not sure.... :)

    You're a very bad man. :) :beam:

    Well done all. :)




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  • rockstart
    01-08 07:08 PM
    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help



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  • ashkam
    12-15 08:37 AM
    Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.

    Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.

    Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.

    But option 1 is far far better, even it needs little sacrifise from your spouse point of view.

    Or she can continue to stay by switching to F1 status.
    Thai is the best way.

    Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?

    I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.




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  • shamu
    01-12 12:37 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks

    That is not correct, don't do this.

    talk to attorney.

    good luck to you.



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  • Jaime
    08-17 01:01 AM
    The HSMP looks very attractive if you don't know the details. Yes, you get a visa even without a job offer but they give you only one year to find a job. After 1 year in the UK you'd better have a job or you will most likely send you back to your home country (you go through a government review after 1 year). Of course, if you find a good job during that first year you should be OK.

    The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)




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  • gc_check
    10-07 05:32 PM
    Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..



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  • raysaikat
    04-22 01:41 PM
    I think i understand:) Thank you.
    As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?

    Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?

    i really appreciate your opinoins, thank you very much.

    Talk to the immigration attorney your company is using. You (guys) do need a home residency requirement waiver to be eligible to work on H1-B. IIRC, the waiver has to come from both your home country as well as US. Anyway, I am not well conversant on J visas.

    There is an annual 65,000 visa limit for H1-B visas. There is an additional 20,000 visas for M.S. degree holders in STEM (Science, Technology, Engineering and Mathematics) disciplines from US universities. Non-profit organizations and US universities are exempt from the quota limit.

    The application time window for H1-B that takes effect on Oct 1, 2010 opens on April 1, 2010 (i.e., H1-B VISA starts from the start of the fiscal year, and application for that opens in the previous April). A few years back all 65,000 VISAs would get exhausted within a couple of days after the window opened (i.e., by April 3-4, all VISAs would be gone). AFAIK, the H1-B quota for 2010 (i.e., for H1-B VISAs that would start from Oct 1, 2010) is not yet exhausted. But it is always a very good idea to do the petition as soon as you can.




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  • gvenkat
    01-07 08:29 PM
    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc

    If this passes. THere would be a huge relief among people who have advanced degrees



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  • amitjoey
    07-13 04:38 PM
    Wow!. I did not realise that. I an unknown quantity. What does that mean?




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  • Appu
    04-17 06:13 PM
    This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.

    Dear [Appu],

    As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.

    On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"

    Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:

    http://www.tedkennedy.com/fightforfairness

    The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.

    Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.

    Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?

    Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:

    http://www.tedkennedy.com/fightforfairness

    This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.

    We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:

    http://www.tedkennedy.com/fightforfairness

    Yours for a stronger and fairer America,

    Marty Walsh
    Campaign Manager
    Kennedy for Senate

    P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:

    http://www.tedkennedy.com/Apr10RallySpeech



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  • BharatPremi
    10-19 01:40 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help

    My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.

    Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
    your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
    overall job market if DOL has made prevailing wage say for an example "$74K" for the
    same job code now then what? In this case should your AC21 be denied or accepted? If
    some expert can guide us, we would highly appreciate for this scenario.

    Notes:

    1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
    to current wage and 20k bonus if I can.
    2) Geographic location should not matter while changing the employer.




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  • alterego
    10-27 12:15 PM
    It is precisely this type of ignorance and reluctance to address the real issues by both sides of the issue that makes our predicament so difficult to fix(as with many other policy issues that need fixing in this country). It is an almost insurmountable feat to get the policy makers and even the debaters on this issue to distinguish between the issues of illegal immigration and legal immigration in this country. This obfuscation is not by accident but by clear intent to serve each their specific interests.

    Were that not the case, why don't these "we need to stand by the rule of law" enforcement types, call for an improvement in the situation for those "who have followed the law", simply put, it is only convenient for them to say that when they are speaking about the illegals, but alas they are against us legals as well................. so how can they ask anyone to believe that they are anything but anti immigrant period.
    The pro immigrant guys blur the distinction specifically because they consider us a sweetener in the deal no less and no more they really don't consider the way we came any better or worse than the way others arrived, it is simply either all or none for them.

    A rational policy that the American people can be asked to accept IMHO would involve, strict enforcement both at the border and interior at multiple sites including workplace, policies to alleviate the plight of the legals to demonstrate that way is rewarded and finally a strict case by case evaluation of illegals where some are given amnesty(if they have US children, spouse, lived here over X number of years and can prove it etc) Some will have to be made to have to leave to demonstrate that illegal behavior is not condoned or rewarded, be they Mexicans, Indians or Irish.

    Alas, this cannot and will not be done due to the cowardice OF BOTH SIDES of this debate. Cowardice is sadly now changing to outright disdain for immigrants and that is sad in this great country of immigrants. Now the obfuscation will see a backlash emerging against us legals as well.



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  • jonty_11
    07-14 02:01 PM
    Hopefully so..Thanks
    no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.




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  • prakgc
    07-21 09:37 PM
    For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand

    Establishing completeness of records may entail preparation of a request for
    background check from an American consulate or embassy.
    The G-325A Biographic Information form must be completed by all
    applicants between the ages of 14 and 79. Clerically processing this form
    initiates a record check abroad for the applicant. This request, however, is not
    needed for all applicants. If the applicant entered the United States more than
    a year ago, the G-325A will not be processed. This limitation is imposed
    because the Department of State generally destroys the nonimmigrant visa
    application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
    green, pink, and blue copy. You will only need to use two legible copies,
    usually the white (file) and the blue (consul) copy. The only exception to this
    rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
    is required to submit a G-325A for the underlying I-130 petition. In this
    instance, you would include the pink copy of the G-325A in the record of
    proceeding of the I-130.
    Further, be aware that if an I-130 petition is included in the A-file, the spouse
    of the applicant of the I-485 is required to submit a G-325A for that riding
    petition. The spouse’s G-325A should be included in the record of proceeding
    and not processed according to these instructions. It is considered a
    supporting document and will be reviewed at the time of adjudication.



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  • needhelp!
    02-15 04:39 PM
    May you have plenty of supporters coming your way.

    I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.




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  • gen_tp
    09-02 12:48 AM
    Immigration Voice:

    NSC:

    cokeraj Jun 2004
    sjagadeesan Jun 2004
    nni123 Aug 2004
    Nashim (co-worker) Nov 2004
    aachoo Dec 2004
    kurtz_wolfgang Dec 2004

    TSC:

    ganesha Apr 2004
    NolaIndian32 04.30.2004
    inskrish May 2004
    Tortoise May 2004
    GCWhru (dependent) Sep 2004
    lotus26 (dependent) Sep 2004
    adriansquare (NIW) Oct 2004
    GCNirvana Dec 2004
    mpek Dec 2004

    Service Center Unknown:

    arav_m Dec 2004


    NSC:

    hope1234 04.05.2004
    ms665 04.07.2004
    Wantgc191 04.14.2009
    mitulpatel 04.15.2004
    whenever 06.10.2004
    srsga 06.30.2004
    nandyap 10.18.2004
    priderock 10.27.2004

    TSC:

    ItsGCTime 03.16.2004
    rghrdr777 04.01.2004
    sreenip4 05.04.2004
    EduKondalaVada 05.22.2004
    curryimmigrant 07.17.2004
    LongHuntforGC Aug 2004
    rajesh144 08.08.2004
    crazy4gc 08.18.2004
    msb0 08.28.2004
    mallu37 09.13.2004
    simran (dependent) 10.03.2004
    ksknov2004 (dependent) 11.01.2004
    vurramass 12.11.2004
    tinkerer 12.13.2004
    awaitinggc 12.24.2004
    vb2012 12.24.2004
    surmut 12.28.2004
    greenedtoday 01.05.2005




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  • Nikith77
    10-05 03:32 PM
    I did that today and they also call the same number from there.

    The caller clearly told me that Citizens or CG only




    trs80
    01-10 03:56 PM
    Without a MS will be difficult to qualify for a EB2 position without a BS is imposible!

    You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?

    My company submited my PERM application for a EB2 position on december and I still waiting.

    I copy your signature:)

    Buena Suerte!

    EB2, From: Dominican Republic. Residence: Puerto Rico
    LC PERM - Atlanta PD: 12/2007: "In Process"




    amsgc
    04-02 08:27 PM
    Hi Bhayzone,

    Allow me to help you a bit here...

    First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:

    1) The new application should not be counted against the yearly H-1B cap.
    2) Your current H-1B status be "extended" in the US
    3) Your wife's H4 status be "extended" in the US

    Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)

    I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.

    All this is doable because you can:
    1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
    2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    Hi,

    My wife is on an H4 and we're planning to change her status to F1.
    Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
    I will very soon be transferring my H1 to a new company.

    I am worried about the implications this might have on the H4 to F1 transfer.

    1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

    2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

    3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

    All advice/suggestion would be really appreciated.



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