Saturday, June 18, 2011

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  • Maverick1
    11-21 09:16 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    You give all of them (stapled together preferably). Make copies of all of them and keep for future.




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  • help43
    09-10 09:19 PM
    You are correct. I dont have any gap between opt and h1-B. I mean there is no out of status issue.

    But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.

    I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)

    Which consulate is better for this case........to get solved.

    According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?




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  • Jitamitra
    05-29 07:56 PM
    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.




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  • sk2006
    07-03 03:24 AM
    Here's an idea that came up in my head:

    There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.

    Here's the agenda:

    "Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"


    (Before you all start bashing this, let me put down some pros & cons)...

    Pros:
    1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
    Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.

    2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.

    3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..

    4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.


    Cons:
    1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)


    If you all see any other sides of this story, you know where to find that 'reply' button.

    Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.


    Also:
    Ban us from buying land, cars and houses as well and see how fast media, NAR and automobile companies come out in favor of faster GC for us!



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  • santb1975
    12-08 11:15 PM
    and the easiest Action Item to work on. Rallying fellow IV'ans to contribute and be part of this effort is not easy as clicking on contribute now.




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  • DDD
    01-21 06:14 PM
    bah...I wanna. I wish they were just links rather than dloads? Was that what the spec called for?



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  • hyderabad123
    04-27 08:08 AM
    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.

    Thanks




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  • akhilmahajan
    08-27 10:00 AM
    This depends ona lot of things.
    But ppl with in USA applying for PR has been getting from 12 - 18 months.
    If you are applying for Quebec, then its more faster.

    The best thing to make sure that your applications moves faster is make sure that u submit all the paper work they request. Get the things in place when you apply. It is very easy to do it yourself.

    Just follow the instructions and they tell you what all kind of paper work is needed.



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  • yabadaba
    06-18 12:44 PM
    thanks reno john!




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  • singhsa3
    08-14 10:52 PM
    Employment Based (EB) Green Card (GC) Laws
    • The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    • Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    • As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    • There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    • So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    • FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    • EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    • The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    • There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    • Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    • Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    • You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    • If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    • Lobbying is an efficient tool to influence law and rule making.
    • IV was very active in lobbying for CIR 2006, which was passed in senate.
    • IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    • Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV

    http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc



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  • saibalagi
    07-17 07:23 PM
    At least send thanks to IV core memebers such as Logic life, pappu and contribute more.
    Thanks




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  • eb3_nepa
    06-09 01:39 PM
    When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.

    I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.

    I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.



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  • desi3933
    06-30 01:50 PM
    Lot of incorrect info on this thread.

    Please allow me some points on H-1B here
    1. There is no requirement that H-1B has to be full time job. One can have one H-1B for 10 hour job. Please do not confuse H-1B job with GC job. GC job has to be full time and permanent, not H-1B job.
    2. One can have more than 1 H-1B active same time, called concurrent H-1B.
    3. Concurrent H-1B is cap exempt as person is already on H-1B status.
    4. Both H-1B can be for full time hours (i.e. 80 hours per week or more)
    5. Both H-1B can be part time jobs and of course, it can be for 1 full time and 1 part time job.
    6. Each H-1B is regulated by its corresponding LCA.


    _____________________
    Not a legal advice.
    US citizen of Indian origin




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  • indianabacklog
    06-15 04:00 PM
    You should read the filing instruction. If anything is not applicable then it should be either "None" or "N/A".

    If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.

    If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!



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  • irrational
    06-30 04:23 PM
    Message from AILA (American Immigration Lawyers Association) website about the biometrics cancellations:

    6/30/2009 ASC Biometrics Cancellations
    USCIS has reportedly cancelled all biometrics appointments for July 7-July 9, and all appointments are to be rescheduled in 2-3 weeks. AILA Doc. No. 09063061.




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  • SunnySurya
    07-17 08:21 AM
    Let us make a real history then. I am assuming GCKabhayega can open a new account under different handle. So why not GCKabhayega ask people for more reds so that atleast your this avatar becomes the most despise handle in the history and future of IV!!!
    GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:



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  • lahiribaba
    02-12 02:08 AM
    When I had posted a similar concept a few months back in this site I was ridiculed and called a madman...but now I see appreciation from the same people about a similar idea.

    Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.

    We get what we deserve..:)




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  • rvr_jcop
    02-17 09:46 PM
    You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.


    I agree with snathan.
    This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...




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  • TheCanadian
    01-02 09:12 PM
    F'ing a! I might not even have to lift a finger :run:




    a_yaja
    07-25 12:26 PM
    Hi,

    may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.

    my parents name, date of birth ,date of place are there in the birth certificate.

    filed I485 in late june. I guess they might send RFE.
    Thank u

    regards
    ahnewgc
    You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).




    Aah_GC
    06-10 03:33 PM
    A bit corny - but a good intention! At some level the message should not be misconstrued. If you really do want your GC real quick, do all you can. All actions toward a genuine cause have their own proportional returns, at unexpected times.

    Between, called up 5 congressmen/ women today..

    Ok..So now that I have your attention, I can say how I feel about our top priority right now.

    Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.

    For the rest of you, here is the link
    http://immigrationvoice.org/forum/showthread.php?t=19387

    I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.

    But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.

    I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?

    I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).

    IV has united us. Now lets show the strength of our unity.


    Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.



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