Saturday, June 18, 2011

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  • eager_immi
    01-31 01:44 PM
    aren't u contradicting urself?

    Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.




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  • India_USA
    04-23 09:13 AM
    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
    USCIS says its happening......

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
    USCIS has not wasted visas in the past two years............

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
    I read somewhere about the memo being withdrawn for more review.............

    Finding a judge who will be favorable to our cause, priceless!!




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  • vineet
    01-17 07:32 PM
    Heard about a similar issue with the EAD for a colleague at work today. Will let you know what the company lawyers recommend him to do....

    -Viny




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  • optimystic
    09-21 11:59 PM
    Several people have said the need and craving for GC is just in one's state of mind. And that one can do a lot of things without GC, move around freely with EAD+AC21 and that even after getting GC , people who have no drive/vision/talent, will see no sudden change/bright future just because now they have GC in hand.

    I agree with all the above arguments.

    But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.


    While EAD+AC21 gives you a lot of freedom
    You still have to worry about
    - Timely renewal of EAD
    - Timely renewal of AP
    - Worry about being hassled when entering via AP.
    - Not able to do a second side job
    etc
    Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.

    Thats what GC means to me.


    On the other hand...Its just the current state of mind...

    You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'

    But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).

    Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?

    You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !

    Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)



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  • darslee
    07-08 02:13 PM
    Well if he does indeed visit regularly.....

    I am NOT East Indian and I sent flowers too!




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  • solaris27
    10-02 11:16 AM
    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.



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  • Libra
    08-13 11:03 AM
    Members who became seniors on this forum, if you have contributed to IV so far, then can you guys put that in your signature, and junior members can you please think of contributing to IV.

    Contribute to IV and show your support.




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  • gc_chahiye
    12-10 11:35 AM
    Hi All,

    Just posting my experience of traveling on AP as a reference for others:

    I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.

    In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.

    The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.

    Simple process, no hassles.

    Enjoy!

    thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.



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  • ArunAntonio
    11-22 11:59 AM
    I have just emailed CBS and highlighted the plight of the likes of us. I also made it a point to differnetiate the H1b issue and our issue.

    On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*




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  • FKFish
    01-30 10:31 PM
    hi,

    I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?

    Many Thanks.



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  • perm2gc
    10-27 07:09 PM
    I have applied for my H1B extension in july and got the approval in Aug...:D




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  • aristotle
    01-31 01:51 AM
    If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)

    Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.



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  • blacktongue
    10-14 03:23 PM
    So basically it is idea without a timeline and no actual document prove?




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  • sanjay02
    07-24 02:49 PM
    Hi
    I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following

    "Your case has been continued for the unavailability of VISA"

    Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?



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  • neoklaus
    11-14 03:33 PM
    Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?

    It is probably just this IO who has a different intepretation of the rules.

    I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters




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  • mani_r1
    12-12 04:50 PM
    I have my H1B till 2010. Say on my way back from India I used AP. The AP is valid till Nov 2008. What will be my new I94 expiry date? Am I reading it correctly that if I present my H1B to the POE he stamps the I94 with 2010 Expiry date. If I don't show him my H1B then he stamps the I94 with Nov 2008 expiry date.

    1. If the officer stamps my I94 with Nov 2008 expiry date, how can we get it extended after entering US.
    2. Is it by filing another H1B extension?
    3.If I don't want to file H1B extention what is the other option to get the I94 extended beyond Nov 2008.

    Thanks



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  • chanduv23
    06-12 09:32 AM
    I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
    Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.

    This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.

    Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.

    As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.




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  • manja
    04-21 09:48 AM
    Friends,
    I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.

    Thanks,
    nmdial

    Welcome to H city! SugarLand and Katy have very good neighborhoods with lots of desis. A lot depends upon where your office located. Cost of living is in Houston is low compared to LA, NY. Homes are "affordable". But property taxes are high (average is above 3%). Food, gas and misc. services are cheap. Insurance and utility costs are high though. Let me know if you have any specific questions.




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  • amitjoey
    02-03 07:52 PM
    Hi EveryOne,

    I got my Green card in mail yesterday.
    Thanks.

    Congrats!!




    rkm
    05-14 07:29 PM
    It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..




    letstalklc
    10-07 10:37 AM
    Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?

    I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.

    Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.

    Thanks.

    If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)

    Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.



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