Sunday, June 12, 2011

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  • rajuram
    08-20 12:50 AM
    Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.

    But somethings that may be worth trying in the interim are -

    1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.

    2. Longer duration AP.

    3. Fee reduction for 2nd & subsequent renewal of EADs and APs.

    4. An apology from USCIS for the delay!!





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  • purgan
    08-15 12:41 PM
    I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.

    The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.

    The only thing that can help us is a legislative fix. Please help IV help ourselves!





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  • freddy22
    07-20 12:59 AM
    what if he is charged with 2 misdemenaors as a YOUTHFUL OFFENDER?
    is the law not that these are NOT grounds for deportation proceedings?





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  • kondur_007
    07-30 07:32 PM
    I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.

    Some one has told me that I can use consular processing but have no idea about that.

    Please help me and let me know what are possible options for me to return to US.

    I am sorry for what happened to you my friend.
    This is what I would suggest:

    1. Contact your attorney in US and consider options.
    2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
    3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.

    Good Luck.

    (PS: Just like it says in above post, you can not apply 485 while outside US)



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  • aranya
    07-03 05:30 PM
    Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.

    If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.

    You might have had a different experience and these forums are for sharing our experiences to help each other :)





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  • hsm2007
    09-20 07:28 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.



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  • nixstor
    11-14 02:51 PM
    Lawyer told me that I cannot contest. They screwed it up some thing

    What the hell?? Its your right to know what happened with your case and why it was rejected. Ask them and get more information about where things went wrong. Damn BEC's dont answer on status telling that its freaking lawyers and employers property and here lawyers and employers appear not to tell the beneficiary what happened, even after sucking the crap out of his brain for 4 yrs





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  • admin
    05-08 07:09 AM
    I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?

    As per an article in murthy.com - http://murthy.com/news/n_h1bnew.html - USCIS might soon introduce a memo that would decouple the 6 year limit for H1b from the limit for H4. If that is the case, once can be on H4 for 6 years and then 6 years on H1B.



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  • Hinglish
    01-07 09:21 PM
    Hello miss neha ,

    Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???

    your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....

    The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...

    Regards
    Hinglish

    I did my MBA in one of the premium university in USA.
    My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.

    I applied for H1-B in FY 2008 under master quota from a small consulting company B.

    My case went into RFE so I left USA on 30-Sep-2008.
    I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?


    Thanks,
    Neha





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  • Jaime
    09-14 03:56 PM
    Whats the 30,000? I'm not listening



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  • adumas
    04-17 05:51 PM
    Hi,

    I'm in the same situation as Sahil.

    Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.

    I'm soooo not surprised....





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  • harikris
    12-05 09:56 PM
    Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.

    I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.

    Thanks.



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  • ravindrajadeja
    04-29 04:09 PM
    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?


    Thanks a lot

    Ravi





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  • akred
    06-02 09:18 PM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.

    I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.



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  • gc28262
    01-16 09:42 AM
    can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....

    Maybe we can offer him a horse ride to nowhere. He will get enough time to think about "cruelty to horses".:rolleyes:





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  • pnjbindia
    10-08 03:46 PM
    There is no way to delay it. The only thing you could have done was, NOT send a document like employment letter, or didnt complete all vaccinations for medical. This wd generate an RFE, but at least wdnt catch you by surprise....
    No. Is there any way to get it delayed till my marriage ?



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  • GCplease
    03-25 02:21 PM
    I travelled to chennai last March via Emirates. No problems with transit visa or something. The price was good too. airport has a duty free shop for Jewellery and other stuff. good place to shop. but we had to wait a long time for the connecting flight.

    The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.





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  • jaggu bhai
    08-10 09:18 AM
    We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.



    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.





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  • kumar1
    07-20 11:20 AM
    Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.





    rsdang
    07-08 04:41 PM
    Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.

    I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...

    You may want to ask a lawyer...

    Hope This helps.





    kaisersose
    10-12 10:29 AM
    You should also consider the GC factor. If your L employer is willing to sponsor a GC, then that is terrific.

    You can come into the US in Jan 2008 on L-1A, apply for your 140/485 in Feb 2008 (labor is not required for EB1 and the PDs are current) and you should have your GC by Jan 2009.

    On the other hand, if you come here on a H visa, you may not have a GC even during 2019!

    Weigh your options and plan accordingly.



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