Thursday, June 9, 2011

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  • fide_champ
    06-25 08:41 AM
    As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.

    I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?




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  • franklin
    07-13 03:28 PM
    Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?

    We may follow the principles, but we are not all Indian. There will be a significant non Indian presence at the rally.

    Please guys, I love your enthusiasm, but lets not confuse the people attending the rally :) You've now made me think for about 30mins about what I should wear tomorrow!

    Official dress code, and presentation will be posted in the main thread shortly.

    Trust me, we plan to make this one VERY different than illegal rallies.




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  • pitha
    02-27 04:47 PM
    It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!

    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?




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  • arihant
    10-26 10:42 AM
    I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
    1) You can apply up to 6 months before your H1 expires.
    2) You get extension from the date your previous H1 expires.



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  • GCPagla
    03-16 02:18 PM
    Hi,

    Thanks for all your replies.
    I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.

    So just to sumup all your openion is:

    Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
    Job Description on offer letter? should match word to word with LC

    Salary? OK as long as it is heigher.
    company size? does not matter.

    Please let me know if all the above assumptions are correct.




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  • pt326bc
    09-27 10:36 AM
    Same issue with me.
    Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
    I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
    BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
    Don't know what that means.
    Will keep you guys updated with whatever my lawyer sends me back.
    Regards.



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  • ashres11
    05-30 09:58 AM
    I am going to use AC21 and H1 transfer. Now my situation is with wife status. Any information is appericiated

    Wife Came in USA on H4 Visa
    Then Convert it t0 H1
    Now She activated her EAD and working fulltime.

    Can she go back to H4 now. I am a primary applicant for GC.




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  • neverbefore
    08-07 03:19 AM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    The people exhorting you to resolve your differences with your spouse are the ones who are helping you the most. Please help yourself by heeding them. :)



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  • hpandey
    06-02 03:16 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.

    This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).




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  • kaisersose
    05-30 10:17 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.

    H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.



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  • chanduv23
    09-29 02:05 PM
    I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?

    RFE - "We have sent a letter requesting further information ......."

    NOID - Usually no message - atleast in my case (only soft LUD)

    When you respond - The status is "Response received case reopened ......."




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  • mpadapa
    03-24 01:31 PM
    Excellent Job, Mark.
    U'r response was crisp. Thanks to caller Andy for clarifying few things



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  • danu2007
    08-21 09:26 AM
    Congratulations.:)




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  • jonty_11
    01-22 12:01 PM
    Thank you JAPS19 - This Helps - Thank you.

    I dont have H1B for the new company, just employment letter and pay stubs.

    Can you please advise why you were sent to downtown? for what verification?

    Which airport was your port of entry?

    I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.

    Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!



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  • bestofall
    07-31 03:41 PM
    is any one interested for Coor pool / Charter Bus for DC rally ?
    May be we should work on that way ..

    If any one ..pls PM me




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  • Munshi75
    04-07 11:00 AM
    I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards



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  • CRAZYMONK
    07-26 09:34 AM
    I don't think the 2 question is valid as the GC is for future employment.

    Hello,

    If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...

    1. Was I in non-pay status while working for VSG?
    2. Is my job and location same as in my H-1B labor certification?
    3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?

    If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.




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  • gsc999
    04-13 11:32 AM
    Lets not despair about lack of support from other organizations. We have 10K+ members now. We are gaining momentum. It won't be long before these organization come to us for support. Given the presidential election looming on the horizon, maybe some of the candidates will need endorsement from us, maybe not, who knows. Lets use this time to meet the lawmakers and educate them about our issues.

    I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.




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  • freeskier89
    03-02 11:55 AM
    o yea, guess i should have asked this before posting!
    Nah, now he has to accept it :D !




    tinamatthew
    07-17 04:04 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.


    HERE IS THE UPDATE

    UPDATE as of 3:18 PM EST 7/17/2007

    --------------------------------------------------------------------------------

    DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.

    DHS will issue a press release to this effect later today.

    --------------------------------------------------------------------------------
    Last edited by logiclife : Today at 03:02 PM.




    Raju
    05-16 10:37 AM
    Hi,

    Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.

    Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?

    I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.

    Hoping for the best.

    Higcoptimist

    This also means that most of them are in line with the legal immigartion related text in the bill. Also, if CIR passes and if it has all or most of the EB based legal stuff that is already in it, then we should be OK.



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