Sunday, June 12, 2011

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  • cygent
    04-03 04:03 AM
    It is not that I want to ask many questions.

    It is just that I want to prepare for the consequences. Also, this information could be important to somebody else in the future, I am not thinking just about myself, so please understand & respect that.

    Thanks for your help!

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  • zico123
    06-16 09:28 PM
    I have my I-20 from University X, but I don't have the I-20 form from University Y.
    Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.

    Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.

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  • dixie
    07-18 05:10 PM
    It is puzzling that EB3 World didn't move a single day. Per my calculations, it should move three months in each month.

    My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.

    I accept that there are lots of loop holes in my calculations as it didn't move a single day.

    Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?

    I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.

    Many people say uselessness of predictions but I think we can predict to certain extent.

    There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.

    Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.

    But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.

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  • Junky
    09-10 08:05 AM
    You are late my friend:D, ppl have already started 3 seperate thread on this.



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  • transpass
    08-02 06:25 PM
    is there any limitation in sending DHS 7001 to ombudsman?

    Because i already sent this form twice and no response so far. Should i send it third time?

    There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p

    Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...

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  • silk2fire
    07-18 09:59 AM
    ;) Thanks you for efforts and long live IV


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  • gc_mania_03
    09-11 11:06 PM

    We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.

    We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...

    I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...

    Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...


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  • add78
    10-02 09:48 AM
    This is a little tricky.
    A person is in a valid H1-B status when
    1) He/She is a full time employee of the Sponsoring company AND
    2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
    Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
    #2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
    In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
    But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
    Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

    Hope This Helps.
    If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
    IV = I+We


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  • dallasdude
    05-08 02:20 PM
    It's well worth the risk now that EB2 is back to 2000. But talk to your attorney and see what he thinks is best for you and your family. I would go ahead and file for EB1 if I were you.

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  • HawaldarNaik
    11-20 01:13 AM
    I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
    I checked with my lawyer and she says previous FP is valid for 15 to 18 months

    Kindly Advise what should i do...


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  • teachla
    11-02 01:17 PM
    A note: If you look at the web sites of immigration law firms, some of them can be very deceptive in giving you a feel that the firm is big; none the less it does not mean that big firms give the best advise and results. One advantage of big firms is that they deal with a good volume of cases and have good knowledge inhouse about the trends and what might work/does not work.

    Here are some of the consultation rates of the one's I had checked with last year:

    Carl Shusterman Los Angeles $ 390/ consultation - 30 Minutes
    Josie Gonzales Pasadena, CA $ 400/consultation- 30 minutes ( calls herself the queen of PERM )
    Sheela Murthy- Maryland $ 250/ 20 minutes
    Attorney Dana Delott ( works in Sheela Murthy's firm $ 200/20 minutes and is good for consultation), other attorneys in Sheela Murthy's firm charge 150 USD for 20 minutes)

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  • vinabath
    07-02 03:01 PM
    USCIS and DOS played ping pong on us.

    USCIS played June Fool.

    We are panned.

    I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.

    I planned to leave my company in 6 months. Now again I am struck.

    I decided to marry a girl just because the dates are current. Now I am struck.

    Oh USCIS(GOD)!!, Why did you do this me?


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  • swartzphotography
    November 22nd, 2005, 02:33 AM
    ok i pick number 3 with number 4 as a close second i like the way the smoke seems to be floating behind him in number 4 but it also seems (imo) that the act of exhaling is also over in that picture alternatively it seems that he is in the act of exhaling in number 3 which i find to have more kinetic energy.

    EAD and AP renewal filing deadline? [Archive] - Immigration Voice

    View Full Version : EAD and AP renewal filing deadline?

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  • kshitijnt
    02-07 05:02 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.


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  • nb_des
    02-13 10:01 AM
    You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.

    Yes, but it can only reduce your taxable income upto $4000. For those who are spending larger amounts towards education in graduate studies lifetime credit in my opinion is better option.

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  • cdeneo
    03-04 07:59 PM
    Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...



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  • gconmymind
    04-30 01:25 PM
    Your wife's status should not be an issue if you are on H1, whether with your current employer or new employer. Do not use EAD until your wife has filed for 485 or is on her independent visa like H1, L1, F1, etc.

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  • leoindiano
    08-13 09:42 AM
    All those who wanna dance the K K Menon style with both palms spread out and shaking with each movement - from the movie Honeymoon Travels Pvt Ltd - raise your hand!

    The song is - Sajnaji Vaari Vaari Jaaunji Main...Tuhi to mera sarkar hai... aisa mera pyaar hai ... - I can imagine us singing this to the GREEN CARD ... :D :D

    KK menon, that song is hilarious.....

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  • saketkapur
    04-13 09:27 PM
    Well I checked with my old employer's legal dept and the lawyer and they won't be revoking my 140........also since its a soft LUD so it should not be so far related to my layoff....
    However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
    In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
    Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:

    Another day in paradise....... :rolleyes:

    12-08 05:21 PM
    I agree take a vaccation for the 4 months since anyways you are not getting paid. BTW, nothing stops u from taking up a part time job ;-)

    Hi Raj

    You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....


    10-12 09:57 PM
    jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.

    You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.

    You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.

    Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?

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