Friday, June 10, 2011

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  • Devils_Advocate
    03-22 02:40 AM
    Rest in Peace





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  • gc28262
    12-17 08:22 AM
    Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.

    IMO most likely you can get in to the country without an issue. It is worth giving a try.

    Also see this uscis link

    Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)





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  • resident1374
    01-26 08:04 PM
    I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?

    Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".

    I traveled to Canada on my company�s H1B.

    The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.

    The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.

    He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)

    He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.

    Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?

    Any suggestions?

    Thanks!





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  • lskreddy
    08-14 12:04 PM
    Congrats. I am sure it is not easy to leave everything behind. I see a lot of positives in R2Iing and the worst case scenario is if it does not work, you could come back here with a fresh H1. Sent you a PM..



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  • Anil_s
    06-28 08:15 PM
    Hi,

    I came to US on Aug2008 in L1B for company A.My L1B expires in Aug2009.I have a L1 visa for one year only.Meanwhile I had applied for an extension on L1 which got denied.I have got a valid B1 Visa till2018.

    Now can I apply for H1B for the year 2009?
    Am I eligible to stay in US even after Aug 2009 till I get approval for H1B?
    Am I eligible to apply for a Green card in the above situation and have a uninterrupted stay in US?
    How will it affect my wife who is in L2B currently?

    Regards,
    Anil





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  • uma001
    05-07 10:35 AM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.

    Buddy, You won't get legal notice . Don't worry too much. Company A is just threatening you.



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  • ns007
    03-26 02:08 PM
    Thought it would be fun to see the results. Please include ONLY your salary not the household salary. Your salary excluding bonus/perks/benefits etc.





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  • pappu
    02-02 02:54 PM
    House Immigration Subcommittee Holds Hearing on Naturalization

    On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

    Remarks by Subcommittee Members

    In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

    Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

    USCIS Director Emilio Gonzalez

    Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

    In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

    Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

    During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

    Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

    Non-Government Witnesses

    Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

    Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

    In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

    Additional Information

    In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

    He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.



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  • Antonio Trivelin
    September 2nd, 2006, 07:39 AM
    Nice HDR work

    Tks a lot my friend :)





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  • Ramba
    07-06 01:23 PM
    Do you guys forget they recaptured used around 100,000 in FY2005.

    They recaptured 130,000 (unused from FY 1999 and 2000) thro AC21 act and used all of them by 2005.

    Therefore from 2001 to 2006 available# for recapture is 101,000, excluding AC21 reacpture.



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  • viva
    01-28 08:42 PM
    Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.


    Great- It sounds like at least one person joined.....Any more takers of this pledge?>

    Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?

    Let's do this one member at a time......





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  • victory123
    05-15 01:17 PM
    Hi Saigc,

    Same thing, my 485 is pending at TSC, and I used AC21 in Feb 08, saw few LUDS after that and since then no movement on 485, for 140 I haven't called USCIS, these days they are sending rfe's for no reason and hence I am keeping quiet, also for 140 there is nothing we could much, i spoke to my lawyer and he also said the same, only your old employer can talk to them, if we call uscis they won't tell you anything as we are not the employer, so keeping my fingers crossed and praying that its only a file cleanup, may be in Oct when dates are available they may send you , me and all others waiting desparately a GC, small ray of hope..god bless us all..if anything changes I'll keep you posted on my side..
    Cheers



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  • billu
    05-09 08:42 PM
    why does everyone on the forum get excited so easily?the proposals from CIR are just that-proposals. a bill has to be debated by both senate and house of reps and passed, then approved and signed by president to make it a law. Most bills do not become laws. The information of mere proposals has people all over the forum debating, arguing and doing all kinds of analysis about the various proposals in the CIR bill. So much speculation about something that is at an infantile stage makes me wonder what will happen if any of the proposals actually becomes a law!! i am sure many people in the forum will have heart attacks!!





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  • ashkam
    10-24 02:41 PM
    Thank you. I don't think there's such a thing for I-140 probably because things are not as complex as they are for an I-485. They just check for a valid labor certification wherever necessary, experience letters and the company's ability to pay, that's it.



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  • iv4yarli
    12-18 12:31 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...





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  • PBECVictim
    10-06 04:46 PM
    Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.

    My petition was approved 4 months back, after calling 100 times USCIS.

    In my wife's case we spoke with IO on Sept 4th.
    Created Service Request on 5th Sept.
    During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.

    During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .

    On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.

    October 2nd 2009 my wife's petition approved.

    So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.



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  • waitin_toolong
    06-16 11:55 AM
    Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.

    These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.

    Congratulations and get the passport renewed, you would need the current passport for travel anyways.





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  • Devils_Advocate
    03-23 03:34 AM
    Folks,

    I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.

    My prayers are with their families

    Thats just tragic, please wear seatbelts even if you're in the backseat, it can seriously save lives.





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    05-16 10:38 PM
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    wandmaker
    07-19 08:50 PM
    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!

    Fiscal year 07, starts for USCIS from Oct 1st 2006 - Add 264 USCIS working days - it should match to Sep 4th





    sanju_dba
    07-22 04:20 PM
    is this is right?

    -> H1 (797 approval notice) is valid
    -> you enter USA on AP, you will get AOS status.
    -> H1 is still valid but unusable as the status is AOS.
    -> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
    -> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

    PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.



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