Monday, June 27, 2011

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  • madmax78
    01-26 08:47 AM
    Come down to Atlanta my friend. There is a large indian community here, lot of good schools, all options for entertainment, and a reasonable weather. I have been living here for 6 years and I am happy with this place.




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  • WeShallOvercome
    07-23 04:11 PM
    No responses :(

    Can someone tell exactly how an FP notice looks?




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  • ram_ram
    02-11 09:00 PM
    My situation would answer your questions.

    My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
    The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.

    Thanks.

    Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?

    One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.

    msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.

    Thank you!




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  • matreen
    08-22 11:02 AM
    Hi there,

    Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.

    Note: Still I am working for the same sponsered employer.

    1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?

    2. What happens to my EB3 processing if my EB2 got rejected for some reason?

    3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?

    4. What all the requirements filing EB2 for converting from EB3?

    I would really appreciate your answers.

    Thanks,
    Matt.



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  • sam_hoosier
    11-27 04:30 PM
    My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?

    Pls help.
    Thanks.

    Best possible route is to move to EAD with your current employer, then look for another job and switch job once you get something else.




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  • ragz4u
    03-14 01:34 PM
    Hi

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.

    Thanks
    GCcomesoon

    This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278

    FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).



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  • loveiv
    05-25 10:23 PM
    Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
    According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
    USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
    Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
    applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
    Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.

    Source: www.immigration-law.com

    Three years clock ticks from the day filed, one year is down, two to go.




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  • cjagtap
    07-17 07:14 PM
    donation is a good idea..



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  • morchu
    05-12 12:06 PM
    Greg,

    The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.

    So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".


    With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.




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  • ca_immigrant
    05-19 06:44 PM
    I am also travelling with the family in June for a couple of months !

    the murthy link and this thread over all is helpful !

    Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.


    I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

    On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!



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  • 485Mbe4001
    03-06 02:11 PM
    so now people give red dots just for asking a question about EB3...where is ACLU:D

    Guys:
    Everyone is talking EB2....what are the prospects for EB3 - India??

    Is it going to move forward..??

    Good Luck..??




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  • gc_peshwa
    10-11 02:13 AM
    Thanx Rajeev!
    Pappu
    Does IV have a stand on this one?



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  • gcpool
    08-29 09:12 PM
    On the application for renewal for EAD (online) there is question

    Current Immigration Status:

    IF a person is working on EAD so what should be selected.
    There is nothing that is close to saying (Pending I-485 or AOS)

    The options are

    A1"A1: AMBASSADOR, DIPLOMAT
    A2"A2: OTHER DIPLOMATIC OFFICIALS
    A3"A3: ATTENDANTS OF A-1, A-2
    AS"AS: ASYLUM
    ASD"ASD: ASYLUM STATUS DENIED
    AW"AW: RAW APPLIED FOR AT A PORT
    B1"B1: TEMPORARY VISITOR FOR BUSINESS
    B2"B2: TEMPORARY VISITOR FOR PLEASURE
    BE"BE: BERING STRAIT ENTRIES
    C1"C1: ALIEN IN TRANSIT THROUGH U.S.
    C2"C2: ALIEN IN TRANSIT TO UN HQ
    C3"C3: FRN GOV OFF IN TRANSIT THRU US
    C4"C4: TRANSIT WITHOUT A VISA
    CC"CC: CUBAN MASS MIGRATION PROJECT
    CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
    CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
    D1"D1: ALIEN CREW DEPART SAME VESSEL
    D2"D2: ALIEN CREW DEPART OTHER VESSEL
    DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
    DE"DE: PAROLEE (DEFERRED INSPECTION)
    DT"DT: PAROLEE (DISTRICT/POE AUTH)
    E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
    E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
    E1"E1: TREATY TRADER/SPOUSE/CHILDREN
    E2"E2: TREATY INVESTOR/SPOUSE/CHILD
    EAO"EAO: EMPLOYMENT ADVISORY OPTION
    EWI"EWI: ENTRY WITHOUT INSPECTION
    F1"F1: STUDENT - ACADEMIC
    F2"F2: SPOUSE/CHILD OF F-1
    FUG"FUG: FAMILY UNITY GRANTED
    G1"G1: PRINCIPAL REP. FOREIGN GOVT
    G2"G2: OTHER REP FOREIGN GOVT
    G3"G3: REP NON-RECOGNIZED FOREIGN GOV
    G4"G4: OFFICER/EMPLOYEE INTL. ORG.
    G5"G5: ATTENDANTS OF G1, G2, G3, G4
    GB"GB: VISITOR WITHOUT A VISA 15 DAYS
    GT"GT: VISITOR WITHOUT A VISA 15 DAYS
    H1"H1: ALIEN OF DIST MERIT & ABILITY
    H1A"H1A: REGISTERED NURSE
    H1B"H1B: SPECIALITY OCCUPATION
    H1C"H1C: Nurse Relief
    H2"H2: TEMPORARY LABOR CERTIFICATION
    H2A"H2A: TEMPORARY AGRICULTURAL WORKER
    H2B"H2B: TEMPORARY NON-AG WORKER
    H3"H3: ALIEN TRAINEE
    H3A"H3A: TRAINEE
    H3B"H3B: SPECIAL EDUCATION TRAINING
    H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
    I"I: FOREIGN PRESS
    IMM"IMM: IMMIGRANT
    IN"IN: INDEFINITE PAROLE
    J1"J1: EXCHANGE VISITOR
    J2"J2: SPOUSE/CHILD OF J-1
    K1"K1: ALIEN FIANCE(E) OF USC
    K2"K2: CHILD OF K1
    K3"K3: SPOUSE OF USC
    K4"K4: CHILD OF USC
    L1"L1: INTRA-COMPANY TRANSFEREE
    L1A"L1A: MANAGER OR EXECUTIVE
    L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
    L2"L2: SPOUSE/CHILD OF L-1
    LZ"LZ: BLANKET L PETITION
    M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
    M2"M2: SPOUSE/CHILD OF M-1
    ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
    N8"N8: PARENT OF SPEC IMMIGRANT CHILD
    N9"N9: SPOUSE/CHILD OF N8
    NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
    NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
    NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
    NATO-4"NATO-4: OFFICIALS OF NATO_ION
    NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
    NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
    NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
    O1"O1: ALIEN W/EXTRAORDINARY ABILITY
    O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
    O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
    O2"O2: ACCOMPANYING ALIEN TO O1
    O3"O3: SPOUSE/CHILD OF O-1, O-2
    OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
    P1"P1: ATHLETE OR ENTERTAINER
    P1A"P1A: ALIEN WITH ATHLETIC EVENT
    P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
    P1S"P1S: SUPPORT PERSON OF P-1
    P2"P2: EXHANGE ARTIST/ENTERTAINER
    P2S"P2S: SUPPORT PERSON OF P-2
    P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
    P3S"P3S: SUPPORT PERSON OF P-3
    P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
    PAR"PAR: PAROLEE
    PI"PI: PACIFIC ISLANDER
    Q1"Q1: INTL CULTURAL XCHG VISITORS
    Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
    Q3"Q3: SPOUSE/CHILD OF Q2
    R1"R1: RELIGIOUS OCCUPATION
    R2"R2: SPOUSE/CHILD OF R-1
    RE"RE: REFUGEE
    RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
    RW"RW: RAW APPLIED FOR AT A US CO
    S1"S1: SPECIAL AGRICULTURAL WORKER
    S2"S2: SPECIAL AGRICULTURAL WORKER
    S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
    S6"S6: INFORMANT OF TERRORISM INFORMATION
    S9"S9: EMERGENCY FARM WORKER
    SDF"SDF: SUSPECTED DOCUMENT FRAUD
    ST"ST: STOWAWAY
    T1"T1: VICTIM OF SEVERE FORM OF TRAFK
    T2"T2: SPOUSE OF T1
    T3"T3: CHILD OF T1
    T4"T4: PARENT OF T1
    TB"TB: SPOUSE OR CHILD OF CAN. FR
    TC"TC: CANADIAN FREE TRADE AGREEMENT
    TD"TD: NAFTA DEPENDENT
    TN1"TN1: NAFTA PRINCIPAL (CANADA)
    TN2"TN2: NAFTA PRINCIPAL (MEXICO)
    TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
    TWO"TWO: TRANSIT WITHOUT A VISA
    U1"U1: VICTIM OF CRIMINAL ACTIVITY
    U2"U2: SPOUSE OF U1
    U3"U3: CHILD OF U1
    U4"U4: PARENT OF U1
    UN"UN: UNKNOWN
    V1"V1: SPOUSE OF LPR
    V2"V2: CHILD OF LPR
    V3"V3: DEPENDANTS OF V1 OR V2
    WB"WB: VISITOR FOR BUSINESS - VWPP
    WD"WD: WITHDRAWL (I-275)
    WI"WI: WITHOUT INSPECTION
    WT"WT: VISITOR FOR PLEASURE - VWPP




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  • Ramba
    01-08 04:18 PM
    No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.

    Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...

    Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.



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  • satishku_2000
    08-01 06:21 PM
    Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
    Wish you all the best


    I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...




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  • green_mile
    10-04 02:09 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.

    1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
    If not given the crappy funds offered by the 401K plan provider it is not a good idea.

    2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.

    3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.



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  • Jaime
    03-29 11:07 AM
    Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)

    Best of luck to all!

    MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)




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  • smiling08
    09-16 10:32 AM
    i only know the Premium Processing is taking 1000 and CIS will need to response within 15 days




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  • GCNirvana007
    10-08 04:50 PM
    Your question is not clear. Your employer is whoever you are employed with right now. If you are not employed with either company A or company B, then neither is your employer.

    Yeah question is what defines employment with them?




    krishna_2001
    01-13 07:19 PM
    Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

    1. Can I take the new employment without losing the priority dates.
    2. If I lose the priority dates, can I take the employment and start the GC process again??

    Your help is really appreicated to come out of the situation




    nramesh30
    08-02 02:04 PM
    Hello All,
    As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.

    "My brother entered into the U.S around 2004 with
    valid H1B stamping for company A. He was there only
    for few months . He didnt work on any project
    and he doesnt have any pay stubs. Before he left the
    US, company B filed for his H1B visa . After filing
    H1B he went back to india and later accepted
    a different position in singapore . H1B for company B
    was approved successfully after few months.
    Its been nearly almost 2 years since that happened .
    H1B for company B is valid till sep 2007

    Now company C filed for his H1 just few weeks before
    and it was approved successfully. He wants
    to travel to U.S now and start working for company C .

    He went to singapore U.S consulate for H1B visa
    stamping for company B. Unfortunately it was rejected.
    221(g) . Reason officer gave him was " u
    need to have 13 years experience to take up this job".
    My brother tried to explain to them . But they wouldnt
    listen. Also they retained all the H1B documents
    related to comapny B.Also they have put an entry in
    his passport saying 221(g) and the date.

    Company C is still asking him to travel to U.S , since
    he has a valid visa stamping with company A until Aug
    26 2006. My brother has valid H1B petition thru
    company C which is valid till june 2009.

    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    2)Will there be questions at the port of entry ?
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    4)Any chance he wont be let inside U.S ?
    5)Can he show them the h1b approvals for company C ?
    6)Any tips to handle the officer at POE?
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Any little help is also appreciated.
    I need answer mainly for question 1 and 8



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