Friday, June 17, 2011

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  • Harivinder
    11-20 12:08 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.




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  • tabletpc
    11-30 01:27 PM
    Nissan1,

    thanks for the reply...

    6 month wait time is much better than 5+ years...




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  • amsgc
    09-02 01:11 AM
    Thanks for collecting the data.

    Assuming that:
    - The above people also voted in the recent EB2I Poll (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) and

    - The ratio of EB2I applicants who post on IV to total EB2I applicants is 1:100

    Then, the USCIS approved roughly 1500 apps today.

    Also, since EB2-I was at 2002 a few months ago, it means that these are only spill over visas. If this year is like any of the previous years, then EB2-I should get another 10,000 or so. This should be enough (based on the recent poll) to flush out almost all EB2I 2004 and prior applications.

    Immigration Voice:

    NSC:

    cokeraj Jun 2004
    sjagadeesan Jun 2004
    nni123 Aug 2004
    Nashim (co-worker) Nov 2004
    aachoo Dec 2004
    kurtz_wolfgang Dec 2004

    TSC:

    ganesha Apr 2004
    NolaIndian32 04.30.2004
    inskrish May 2004
    Tortoise May 2004
    GCWhru (dependent) Sep 2004
    lotus26 (dependent) Sep 2004
    adriansquare (NIW) Oct 2004
    GCNirvana Dec 2004
    mpek Dec 2004

    Service Center Unknown:

    arav_m Dec 2004




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  • eb3_2004
    04-07 02:01 PM
    As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

    Correct me if this is wrong...



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  • chandansrs@gmail.com
    06-27 05:00 PM
    KrishGreen,

    Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.




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  • fran5477
    02-19 09:44 AM
    Sorry to read about your 485 being rejected. Mine was too, my lawyer sent the wrong fee. They tried a second and a third time and came rejected for incorrect fees. I have not tried the InfoPass because they state clearly that applications will be rejected for incorrect fees. I did a lot of crying and I am very angry at my lawyer. My PD is Jan 05. My daughter got robbed of the opportunity to work and who knows how long it will take. She will surely age-out. However, don't give up maybe things will change soon.



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  • arihant
    05-23 06:54 AM
    As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.

    My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.

    Any thoughts or comments?




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  • Winner
    05-21 12:31 PM
    Good post
    Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?

    I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.

    But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.



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  • talash
    11-19 01:52 PM
    Any inputs ?




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  • nabs501
    07-19 07:40 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485

    This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification

    Did my lawyer screw up?



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  • skd
    01-12 02:17 PM
    Skd, it was nice of you .. I gave you green :)

    God Bless everyone and everywhere.




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  • number30
    04-17 02:20 PM
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot


    If he has canceled the visa that is not over stay. It is illigal stay which quite lesser offence then the over stay. What is your I-94 expiry date? If it is not surpassed yet you are not subjected to any bars.



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  • pani_6
    08-24 03:42 PM
    The situation seems pretty grim...there are about 80 k indian students
    coming to the US every year in total about 250-350 k including all international students (I assume) and at least 50% of them want to work after graduation (I assume)..with the h1 cap at 65K(lot of them taken away by consultants) ...and the lots of school funding squeezed because of the war..Most students (I assume) study with no AID hoping to get a job to repay some of the loan/ father's money...

    I think prospective students need to know the real situation out here..before
    they make a choice of studying here.

    I hope this grim situation is temporary...




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  • tampacoolie
    07-09 12:46 PM
    Upgraded to PP on 06/27 and received RFE on 07/06 ability to pay.



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  • immi_enthu
    09-27 04:04 PM
    His Response:
    Yes, it happens. However, they two will be combined eventually.

    ----- Original Message -----
    Sent: Monday, September 17, 2007 12:40 PM
    Subject: Different Alien Registration Numbers on approved I 140 and 485
    receipt notice

    My question:
    >
    > I have two different Alien Registration Numbers in my I 140 and 485
    > receipt notice. Do I need to worry about it ?
    >
    > Thanks-


    Very vague response. When I asked if there will be any delay due to this, no response so far.




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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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  • bmoni
    12-22 08:32 PM
    Have any one changed employer right after I-140 approval.

    Please post your experience




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  • newbie2020
    05-18 07:42 AM
    This one is an earlier bills introduced earlier ,This is similar to the bills being discussed

    http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::

    Since the text of this bill is similar to other bill should we try to get these law maker's support.





    http://www.house.gov/apps/list/press...vatorsAct.html

    KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”




    (Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.

    “The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”

    “We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”

    “We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”




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  • prem_goel
    03-08 09:57 AM
    Hello Ann,
    Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).

    Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.

    If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?


    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?




    rsdang
    08-25 02:06 PM
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...




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    October 19th, 2003, 11:44 PM
    Great shot Don....I like that image a lot.



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