Monday, June 20, 2011

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  • masterji
    08-20 11:38 PM
    I know people might have answered this before. So, sorry for any redundancy. I have a query. If I travel outside of US on my valid H1B visa and when I am out of US, my 485 gets approved. What happens then? Say, I do not have AP with me. Will I have problems entering the US?





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  • gc_on_demand
    07-19 11:33 AM
    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.





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  • peer123
    04-16 09:56 PM
    bumping...





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  • 485Mbe4001
    06-29 03:57 PM
    i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.



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  • a_yaja
    01-13 12:28 PM
    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.



    The above statement makes me wonder if the lawyer submitted the exp. letters at all. Sometimes lawyers are idiots and they miss crucial items.

    As far as IO being satisfied and what are his next steps is hard to say. The usual process is to first provide NOID (Notice of Intention to Deny), which will give you one more chance to clarify matters. But one can never say.

    On the bright side, your case will be processed quickly and the I-140 wait will be over.

    Good luck on your I-140 approval.





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  • peacocklover
    12-14 05:35 PM
    In marriage it is common to have differences. When both parties dont yield and stick to their guns, it leads to rifts that may buildup over time and lead to the possibility of divorce. If both of you can clearly site 3 points on why you'd like divorce (articulate), then the problem is solvable.

    If one of you is not sure why its happening (either you are too ignorant or you are totally missing other's point), obviously its your problem to know what keeps a marriage going. And if one of you just is hell bent on divorce, just coz "you felt like/were told -- like you deserve more than what you got", that is foolishness.

    Young (immatured rather) people are quick to jump into divorce thoughts when things are not going well (when the initial attraction fades). You just hope that they stick around long enough through thick and thin, which will help them to discover the value of the other partner. Grass is always greener on the other side isnt it ? At the same time petty problems (for some people) such as bedroom troubles, can lead to divorces. Extra marital affairs happen often in this situation.

    Indian culture makes marriage such a big ritual with so many ties that offers immense support (by social pressures or family obligations..) to fend off these manageable problems.

    Take a break, pray god , be open with out any 'EGO', try to share your feelings and understand his feelings with your fresh mind. Also Try to have your respectful elders like your grand parents or your mom or father or his parents or his grand parents at home. Please don't take this worthless decision of divorce quickly unless he is a criminal trying to kill you.. it's very easy to break and very very hard to construct your relationship or very hard to face another relationship, we Indians give top most value to that relationship. Today's Western media which runs on the consumption, influences everybody's thoughts to go for consumption based system which forces to divide families and gain more from it. This is the idea of capitalists to loot from an individual. here is West, this damn media focuses to break the relationships to boost their consumption based economy with out thinking about their future generations.

    As a last attempt, Please try to live with your parents for sometime to think fresh and make the decision.

    See this video and try to understand what Mr.Venkatesh tells about the west and it's media strategy, think about Goddess Lakshmi what he is talking about in the end of this video .

    Global Imbalance - An imminent Dollar Crisis (http://video.google.com/videoplay?docid=4343898391323537541&hl=en)



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  • 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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  • ysiad
    08-10 11:31 PM
    One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
    Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?

    Thanks.



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  • conchshell
    07-30 01:29 PM
    I got a reply from our corporate attorney that "We did file both of your applications together. However, each application is adjudicated separately. We anticipate her approval shortly."





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  • jeffrey930
    10-02 01:30 AM
    found out today my EAD status finally changed to card production i'm so happy...i hope everyone get theres EAD soon, i know the wait is a pain in the @##... How many days you guys think before i get my card on hand? thanks for any reply..


    EB3------NEBRASKA ( LIN-***-*** *****)
    RD: I-485,I-765,I-140------July 27,2007
    ND: September 4,2007
    FP:October 11,2007
    AED: Card Production Ordered---- October 1, 2007



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  • sainwa
    04-16 01:48 PM
    Any one from Sugarland (Houston TX)? Its rated one of the best place to buy the house NOW .
    http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html

    How is the IT job market there? who are the big employers in Houston area?





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  • vgc
    07-26 10:37 AM
    SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:


    At the appropriate place, insert the following:

    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--

    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';

    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;

    (2) by redesignating clause (vii) as clause (ix); and

    (3) by inserting after clause (vi) the following:

    [Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;

    ``(viii) 115,000 in fiscal year 2008; and''.



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  • bindas74
    05-16 12:28 PM
    Bindas,

    I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

    Keep us posted on your renewal experience!

    Thanks,

    Thanks X-Wing. Will keep you all posted about my experiences.





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  • jotv
    11-19 08:27 PM
    hello,
    i took only one dd totally 4322 (4000+322) for h1b first time stamping.in thehdfc bank some other people also did the same thing.

    if its wrong means how come hdfc people will give dd as a single one.

    please tell me is it ok because i already took the appointment also. is there anybody please suggest me. before going to interview is there any dds i have to take ? your suggestion is really helpful for me.



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  • bbct
    02-11 08:05 PM
    http://www.thedegreepeople.com/eb-petition.html

    So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.

    I get a message "Remote submissions are not allowed."





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  • chanduv23
    06-28 02:46 PM
    I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.

    So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.


    Thanks
    INeedAllGreen

    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right



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  • chanduv23
    08-10 11:48 AM
    Close This Thread





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  • martinvisalaw
    07-17 11:42 AM
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.

    There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:

    $320 I-129 fee
    $1500/$750 training fee (as it's usually called)
    $500 anti-fraud fee.





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  • digitalborealis
    01-10 10:51 AM
    That probably was unnecessary and may triggered the additional check due to export control of high end researches.

    I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.

    I will update any reply I would get.
    D





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    MerciesOfInjustices
    03-25 09:09 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
    Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.



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