Monday, June 13, 2011

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  • laksmi
    01-29 11:16 AM

    Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.

    Thank you

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  • walking_dude
    01-18 04:13 PM
    Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.

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  • ras
    04-03 11:12 AM
    I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

    It might also help to give a reason as to why you were late in responding.

    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.

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  • doubleyou
    05-18 03:30 PM
    Rvendra, Looks like we are in the same boat.

    1)Did you check with the Ombudsman too?

    2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?


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  • alisa
    08-03 12:10 PM
    I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:

    Received by USCIS on June 4th 2007. Have been waiting since.
    So 400+ days for me too...

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  • redcard
    12-19 12:10 AM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    Thanks in Advance

    My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..


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  • sobers
    02-09 08:58 AM
    Discussion about challenges in America�s immigration policies tends to focus on the millions of illegal immigrants. But the more pressing immigration problem facing the US today, writes Intel chairman Craig Barrett, is the dearth of high-skilled immigrants required to keep the US economy competitive. Due to tighter visa policies and a growth in opportunities elsewhere in the world, foreign students majoring in science and engineering at US universities are no longer staying to work after graduation in the large numbers that they once did. With the poor quality of science and math education at the primary and secondary levels in the US, the country cannot afford to lose any highly-skilled immigrants, particularly in key, technology-related disciplines. Along with across-the-board improvements in education, the US needs to find a way to attract enough new workers so that companies like Intel do not have to set up shop elsewhere.


    America Should Open Its Doors Wide to Foreign Talent

    Craig Barrett
    The Financial Times, 1 February 2006

    America is experiencing a profound immigration crisis but it is not about the 11m illegal immigrants currently exciting the press and politicians in Washington. The real crisis is that the US is closing its doors to immigrants with degrees in science, maths and engineering � the �best and brightest� from around the world who flock to the country for its educational and employment opportunities. These foreign-born knowledge workers are critically important to maintaining America�s technological competitiveness.

    This is not a new issue; the US has been partially dependent on foreign scientists and engineers to establish and maintain its technological leadership for several decades. After the second world war, an influx of German engineers bolstered our efforts in aviation and space research. During the 1960s and 1970s, a brain drain from western Europe supplemented our own production of talent. In the 1980s and 1990s, our ranks of scientists and engineers were swelled by Asian immigrants who came to study in our universities, then stayed to pursue professional careers.

    The US simply does not produce enough home-grown graduates in engineering and the hard sciences to meet our needs. Even during the high-tech revolution of the past two decades, when demand for employees with technical degrees was exploding, the number of students majoring in engineering in the US declined. Currently more than half the graduate students in engineering in the US are foreign born � until now, many of them have stayed on to seek employment. But this trend is changing rapidly.

    Because of security concerns and improved education in their own counties, it is increasingly difficult to get foreign students into our universities. Those who do complete their studies in the US are returning home in ever greater numbers because of visa issues or enhanced professional opportunities there. So while Congress debates how to stem the flood of illegal immigrants across our southern border, it is actually our policies on highly skilled immigration that may most negatively affect the American economy.

    The US does have a specified process for granting admission or permanent residency to foreign engineers and scientists. The H1-B visa programme sets a cap � currently at 65,000 � on the number of foreigners allowed to enter and work each year. But the programme is oversubscribed because the cap is insufficient to meet the demands of the knowledge-based US economy.

    The system does not grant automatic entry to all foreign students who study engineering and science at US universities. I have often said, only half in jest, that we should staple a green card to the diploma of every foreign student who graduates from an advanced technical degree programme here.

    At a time when we need more science and technology professionals, it makes no sense to invite foreign students to study at our universities, educate them partially at taxpayer expense and then tell them to go home and take the jobs those talents will create home with them.

    The current situation can only be described as a classic example of the law of unintended consequences. We need experienced and talented workers if our economy is to thrive. We have an immigration problem that remains intractable and, in an attempt to appear tough on illegal immigration, we over-control the employment-based legal immigration system. As a consequence, we keep many of the potentially most productive immigrants out of the country. If we had purposefully set out to design a system that would hobble our ability to be competitive, we could hardly do better than what we have today. Certainly in the post 9/11 world, security must always be a foremost concern. But that concern should not prevent us from having access to the highly skilled workers we need.

    Meanwhile, when it comes to training a skilled, home-grown workforce, the US is rapidly being left in the dust.

    A full half of China�s college graduates earn degrees in engineering, compared with only 5 per cent in the US. Even South Korea, with one-sixth the population of the US, graduates about the same number of engineers as American universities do. Part of this is due to the poor quality of our primary and secondary education, where US students typically fare poorly compared with their international counterparts in maths and science.

    In a global, knowledge-based economy, businesses will naturally gravitate to locations with a ready supply of knowledge-based workers. Intel is a US-based company and we are proud of the fact that we have hired almost 10,000 new US employees in the past four years. But the hard economic fact is that if we cannot find or attract the workers we need here, the company � like every other business � will go where the talent is located.

    We in the US have only two real choices: we can stand on the sidelines while countries such as India, China, and others dominate the game � and accept the consequent decline in our standard of living. Or we can decide to compete.

    Deciding to compete means reforming the appalling state of primary and secondary education, where low expectations have become institutionalised, and urgently expanding science education in colleges and universities � much as we did in the 1950s after the Soviet launch of Sputnik gave our nation a needed wake-up call.

    As a member of the National Academies Committee assigned by Congress to investigate this issue and propose solutions, I and the other members recommended that the government create 25,000 undergraduate and 5,000 graduate scholarships, each of $20,000 (�11,300), in technical fields, especially those determined to be in areas of urgent �national need�. Other recommendations included a tax credit for employers who make continuing education available for scientists and engineers, so that our workforce can keep pace with the rapid advance of scientific discovery, and a sustained national commitment to basic research.

    But we all realised that even an effective national effort in this area would not produce results quickly enough. That is why deciding to compete also means opening doors wider to foreigners with the kind of technical knowledge our businesses need. At a minimum the US should vastly increase the number of permanent visas for highly educated foreigners, streamline the process for those already working here and allow foreign students in the hard sciences and engineering to move directly to permanent resident status. Any country that wants to remain competitive has to start competing for the best minds in the world. Without that we may be unable to maintain economic leadership in the 21st century.

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  • sk.aggarwal
    06-17 08:45 AM
    I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
    1. Shift to some other status like H4
    2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.

    But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.

    This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.


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  • ranahosur
    07-29 03:08 PM
    Thanks for the all the replies.

    I talked to the Department of Labour representative. I was told that it is ILLEGAL to ask the employee to reimburse the H1B cost. If asked to do that, I can file a complaint with DOL against the company.

    Thanks for all the replies.


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  • smc
    07-26 12:47 PM
    This looks like he is trying it again. The older one (which was defeated) was Amendment 2339 of HR 2669, which was defeated on 7/19. This is Amendment 2428 of HR 2638 (which they are currently debating) and has a date of 7/25.

    Hope it passes this time.


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  • anemmani
    01-04 01:46 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?


    I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

    Good luck,


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  • Libra
    08-10 11:52 AM
    I wonder how people will come up with such questions, i never even thought about it. And i dont think it's a problem. It's just my opinion per my experience.


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  • Ramba
    01-08 12:09 PM
    Thanks all for the advise/comments. Mixed opinion. I was hearing that, because of Indian Rs gaining stongly aganist US$, outsourcing to India is not cheap anymore. I also informed that hiring fulltime/permanent employee in US is cheaper than outsourcing. I do not know howmuch true it is.

    IS all QA jobs are shorterm in nature? As I have already a GC, is it easy to get fulltime (longterm)/permanent job in QA?

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  • lvinaykumar
    07-02 02:16 PM
    all i can say is they are taking us for granted. If we don't do anything about it they will continue to do this again and again. We should fight back. Put a lawsuit. I have take a vacation to get the documents done and also pay for my medical exam. Which costed me lot of money. I don't mind spending few more to fight for what was taken away from me..

    I am going to contribute as soon as i get my pay check this month.....Lets fight.


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  • shree772000
    08-21 05:41 PM
    Usually lawyers refrain from setting these king of dates....I am talking abt resonablely fair ones.

    I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".

    Noone can say when ur perticular case will be adjudicated, and I mean Noone.

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  • yestogc
    07-02 09:52 PM
    Once you use EAD, you cannot go back to H1B.
    Also I did not understand what you meant by :

    "But need to bring my spouse in few months on H4"


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  • ragz4u
    05-31 09:50 AM
    My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

    I believe their doucmented were in order otherwise. So it is tough to take things for granted.

    I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!

    But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.

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  • deafTunes123
    08-23 02:11 PM
    Mine is Opposite. EAD issued for 2 years even though my PD is current (based on interfile). Don't know whether the interfile is successful or not.

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  • abhi_jais
    01-31 10:38 AM
    Here is the Text of Bill:

    Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (|/bss/|)

    01-31 02:03 PM
    Ok, how sure is your lawyer about what he is saying?

    I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.

    I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?

    (BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)

    Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?

    08-31 01:03 PM
    Hi Guys,

    I am a July - 2007 filer and we got the FP request in July for me and my Spouse, I have not applied for any EAD or AP extensions recentlly, for a side note i have to travel out side US in July and my attorney requested for FP reschedule (which was actually scheduled in last week July) for atleast 6 to 8 weeks, but USCIS sent me the request with in a week with an FP date just 3 weeks apart from the original i had to rush my things and had to come back to US to get the FP done..

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