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Sunday, June 26, 2011

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  • sunny02
    08-19 09:00 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.
    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
    4) Can they ask for more details like client letter,etc - chennai

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.





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  • jiraprapaasa
    04-10 03:26 PM
    Even she is 13 years old. She still need to purchase PIN and go for an interview.





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  • lskreddy
    11-18 07:20 PM
    Do not mean to hijack the thread but the question hopefully is related.

    When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.

    We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.

    1.) Could anyone let me know the appropriate documents for this?
    2.) Also, what are the fees associated with it, especially with all the old vs new stuff?

    Thanks much.





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  • wandmaker
    06-10 01:39 AM
    I heard I-140 premium processing has been restarted. Is it true?

    No



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  • gc_lover
    06-25 09:33 PM
    I am not sure about what went wrong with H1/H4 situation. But if you are worried about filing your 485 then you can go ahead with it and later you can add your spouse to your 485 application. Try to get your spouse back ASAP.

    Please check with a lawyer before doing anything.





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  • txh1b
    04-15 10:51 AM
    Loooong road ahead! Good luck. Hope it gets approved as it might be tough to get a labor approved in this economy.



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  • manish1905
    02-03 12:47 PM
    what if your flight delayed or you fall seek and couldn't travel.I believe it would be a risky move having only 2 days or margin.

    MS





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  • forgerator
    08-20 02:07 PM
    https://www.nvars.com/Production/userhome.aspx

    Seems like NVARS has introduced a new process which is supposed to be more streamlined for getting appointment online but I am not sure of some of it's verbage.


    We want to ensure that applicants already in the scheduling process are not negatively impacted by the change. In order to ensure you receive the visa services you have paid for, please review the guidance below regarding transition timetables.

    * Applicants who have already scheduled an appointment at a U.S. consulate on or after September 1, 2010 through NVARS:

    If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010 and bring your Scotiabank receipt with you to your appointment. If you have not already scheduled an appointment, we recommend that you wait until September 1, 2010 or later to pay the MRV fee and register through the new service.


    I highlighted the text in bold. My appointment is scheduled for Vancouver on Sept 8. What does this mean to me? Will I need to be physically in Canada prior to September 1, to be able to go to a Scotia bank and make payment there? This is insane. I still haven't gotten my canadian visa stamped on my passport so I can enter Canada.

    Anyone aware of this or impacted by this?



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  • lost_in_migration
    09-20 10:04 AM
    Good find. This reporter was successful in differentiating between high skilled legal immigrants and the low skilled illegals!! Our rally is bearing fruits as far as educating people about our problems is concerned

    NPRs market place full article can be found here
    http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/





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  • sroyc
    08-14 08:23 PM
    As someone correctly replied, you cannot work on H-4.
    In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.

    If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).

    The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.

    Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.

    Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

    Any information will be highly appreciated. TIA



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  • danu2007
    08-03 05:14 PM
    Hi All,

    I am not sure whether this has been answered earlier. Here is my situation.

    My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer

    Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.

    Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.

    Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.

    So I am confused in this case and my employer will believe in what the company law firm will say.

    So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?

    Thanks





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  • augustus
    07-15 04:29 PM
    It is sad to know that the majority of the US hates us. If you can't get the bigwigs to cover, little will be known for the real American society. I cannot believe we are treated as somebody who take their jobs away. I have somehow looked at it this way - I become a US visa holder, I become a green card holder, then a I become a US citizen. In many ways, US is gaining new citizens and case in point - "EDUCATED" US CITIZENS out of many visa holders at the moment. So we are a nice catch for them - LONG TERM. I wonder if any American citizen has looked at it that way. Sooner or later, many of us will prefer to become a US Citizen right? I wonder if it is more about the racism factor.

    Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.



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  • aadimanav
    10-19 11:27 PM
    Processing Time Upated

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC





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  • logiclife
    11-28 10:26 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?
    Dates would move forward depending on the increase in numbers.

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
    Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.


    What will happen to the �Rest of the World� category? When do you think they can expect results?
    Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
    YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP



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  • sk.aggarwal
    03-25 03:17 PM
    You need to go before filing labor in order to be eligible for one year extension.

    I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.





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  • indyanguy
    08-07 09:08 AM
    I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

    I have applied in NSC. What is the approximate processing times for approving:
    1. Labor Substitution
    2. I 140
    3. I 485.

    Also, will they start processing 485 only after LC and 140 are approved?

    Thanks.



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  • vimalm
    08-22 10:40 AM
    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.





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  • pappu
    12-26 09:34 AM
    Hi,

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.

    Thanks,
    IB

    Thank you for joining IV.
    IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.

    You can get all the information from our website and know about the problems people face during the greencard process from
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    and how we are working to solve those problems

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54





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  • senthil1
    02-10 02:15 PM
    Another issue is no Banks or Companies issued any statement. Simply they will be accepting the conditions to get the money. Nothing is going to acheived when a few people go for ralley as it will turn out to be get together.When any of the provision comes for Tech companies Compete America and Microsoft would have opposed it.

    You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.

    The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.

    There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.

    The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.

    The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.

    Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.





    coolblues
    08-14 08:01 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance





    sircaustic
    07-22 09:50 PM
    Responses are welcome...

    Thanks!



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