Friday, June 10, 2011

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  • bach007
    08-21 10:10 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    That's for NSC.

    Although they have put Aug 16 as the date, I can swear it was NOT there on Aug 16th. Didn't they publish it just yesterday? Thats such a nice cheating!




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  • martinvisalaw
    09-09 10:02 PM
    CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.

    You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.

    I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.




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  • bhaskar_s
    01-28 08:57 AM
    Hi Viva,
    My friend "snowcatcher" took your challenge and is going to enroll in the recurring contribution of $27 per month.

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

    Already signed up for $20 monthly through my credit card.
    Contributed $100 earlier.

    Pls contribute guys...We need to motivate others to contribute as well..

    Arise, Awake! And stop not until the goal is reached! -Swami Vivekananda.




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  • pmpforgc
    09-28 10:52 AM
    Dear Members

    I seek your expert advise on following situation as my lawayer is not much clear on the topic.

    I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

    In this regards I need your guidance on following points.

    (1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

    (2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

    (3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

    (4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

    Your input will greatly help me in deciding about premium processing.

    Thanks



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  • snathan
    03-24 11:45 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!

    If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.




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  • OLDMONK
    07-06 11:35 AM
    Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.

    My Question is why is media acting like an Ostrich on this issue? Answers anyone??

    FYI Some individuals and distinguished senators are on top of this already.

    http://www.nytimes.com/2007/07/06/us/06visa.html?hp

    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

    Thanks



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  • waitingnwaiting
    11-29 10:22 AM
    This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
    Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??

    First people who do not have greencard should support.
    Right now we do not even have 1% of those people part of IV




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  • hyddsnr
    04-30 08:45 PM
    I am not sure if this question being answered in this forum.
    Need experties if any one have this situation.

    Employer: X (Old Employer)
    Labor - EB2
    PD - Sept , 2006
    I-140 Approved

    Employer : Y (Current)
    Labor : EB3
    PD : May 9 2003I
    1-140 Approved
    I-485 : Pending

    Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
    Q : How is the apeal done considering I-485 is already filled.
    My Attorney says better to file fresh EB2 with current company.

    Please reply with your experties or if being deal with this one.

    -Thanks
    Potrero

    Hi,

    Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.

    According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
    he is entitled to the earliest priority date....



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  • pmat
    09-21 04:09 PM
    Depends on EB2 or Eb3 and country of birth. For Indians, it is a long-long wait unless a relief bill passes.




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  • ItIsNotFunny
    10-22 10:24 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks


    There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.

    Canada visit should not create issue as per my opinion.



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  • anilsal
    12-19 10:41 AM
    I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.

    Sen.'s office in DC
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Tel: 202-224-2934
    Fax: 202-228-2856




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  • xbohdpukc
    02-26 08:26 PM
    Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?

    Thanks

    No bill text was published yet, so there would be no answer to your questions till then



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  • stemcell
    02-12 02:15 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.

    puzon

    There are a lot of folks who shell out on their own for the GC process.
    Just weigh the risks vs benefits....

    do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you

    OR

    leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.

    The way i look at it dont waste an opportunity, just apply and worse case u have a plan B

    only my 0.02




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  • karthik_may
    07-18 07:01 PM
    No change in address since 2002..

    Yes. Printed the status of pending with timestamp.. I just checked case tracking website and still shows pending.

    The biggest frustration is we have lost 2 years due to lack of information.

    Would contacting IO using InfoPass be a issue here? My attorney does not want to contact IO, as he is afraid that might confuse the case..



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  • go_guy123
    03-12 03:33 PM
    Surely we know each other then!! :)

    Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.




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  • waitin_toolong
    11-21 10:32 AM
    yes



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  • chanduv23
    07-11 12:47 PM
    Ok I called her - she is interviewing Ashish and Rohika. If anyone in NYC, please call her. Even if you are Indian - call her, it would be better of you are from another country.




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  • abingc
    08-16 03:22 PM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.

    I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?




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  • meridiani.planum
    02-22 11:03 AM
    Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.

    If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.

    Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.

    One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)




    vxg
    06-21 03:32 PM
    If black and whites are acceptable then i think you can make copies of an existing one, just make sure you copy it at your employers copier that too in the working hours, that's the Cheapest way of doing it.:D
    B&W are not acceptable unless your PD is 1935.




    neoklaus
    11-16 05:19 PM
    One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)



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