Saturday, June 25, 2011

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  • rex
    04-25 03:06 PM
    Thank you all for a bunch of good answers.

    I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
    seems to be the best option here.

    Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
    Thank you
    Rex




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  • pitha
    06-11 12:25 PM
    if you saw any of the news shows over the weekend everybody says the chances of this passing the senate are about 33% and even if it passes the senate it might not pass the house. even kyl was skeptical about its chances. this is our chance, lets oppose this bill tooth and nail. no bill is better bill for us as long as kennedy, kyl and durbin are around. please oppose this bill




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  • lazycis
    09-29 09:50 AM
    Hello Everyone,

    Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????

    Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
    http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
    http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314




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  • gc_peshwa
    09-22 09:59 PM
    Pappu
    Is there an IV action item defined for defeating this bill? Why has this been posted? Just curios....



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  • kevnss
    03-20 12:35 PM
    You are right, here is the link to see more information about the rules..
    Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2

    Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".

    I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.




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  • paskal
    12-21 11:11 AM
    we will be delighted to have you folks joining in



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  • gchopes
    08-04 04:04 PM
    my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.

    Not True


    All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.

    After approval, you can mail them.

    I have known 2 person whose spouses came without problem.

    Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.




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  • number30
    04-12 12:10 AM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs

    There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1



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  • arbhaat
    10-08 08:06 PM
    I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!

    Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?

    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?




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  • Steve Mitchell
    October 27th, 2003, 10:14 AM
    I like the second shot quite a bit. I think that would look fantastic in a large nice frame.



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  • marlon2006
    06-13 03:22 PM
    Hey Renata,
    It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.

    Since my wife couldn't work, we had a baby back then.

    Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)


    South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
    He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?




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  • jgh_res
    05-17 10:01 AM
    Here is the link:

    http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html


    Posted article is below. Refer to the highlighted section :

    WASHINGTON (CNN) -- President Bush's address from the Oval Office on border security and illegal immigration failed to satisfy either advocates of amnesty or those demanding that the government secure our borders and ports. Whether by design or not, however, the president did manage to advance public awareness of both crises.

    The president finally acknowledged the unsustainable social and economic burdens of permitting millions of illegal aliens to forge documents, pressure our public schools and hospitals, and overtax our local and state budgets.

    And the president, in asking for more border patrol officers and sending 6,000 National Guardsmen to our southern border to support the Border Patrol, also acknowledged the federal government's utter failure to protect the American people by securing our borders, across which as many as three million illegal aliens enter this country each year.

    President Bush's five-point plan began with the words, "First, the United States must secure its borders." But the president did not assign any urgency to the national task of doing so. Deploying as many as 6,000 members of the National Guard to help secure our broken border with Mexico is positive step.

    But the president's proposal to place those National Guardsmen in some sort of adjunct support role is peculiar at best, and without question, woefully inadequate. The president sounded as if he were trying to appease Mexico's President Vicente Fox, assuring him we would not militarize the border. If there is to be appeasement at all, that should fall to the Mexican government rather than President Bush.

    Not only are millions of illegal aliens entering the United States each year across that border, but so are illegal drugs. More cocaine, heroin, methamphetamine and marijuana flood across the Mexican than from any other place, more than three decades into the war on drugs.

    President Bush and all the open borders advocates should be held to account for not doing everything in their power to destroy the drug traffic across our borders, as well as illegal immigration.

    If it is necessary to send 20,000 -- 30,000 National Guard troops to the border with Mexico to preserve our national sovereignty and protect the American people from rampant drug trafficking, illegal immigration and the threat of terrorists, than I cannot imagine why this president and this Congress would hesitate to do so.

    And how can this president and this Congress begin to rationalize placing immigration reform, which has been neglected since the last amnesty 20 years ago, ahead of national security and the safety of all Americans?

    President Bush went on to say that in order to secure our borders we must create a temporary guest worker program. What? Come again, Mr. President. The president knows better, and so do the American people. Control of our borders and ports is necessary to our national security and a temporary worker program is an exploitive luxury for corporate America.

    The president also said we need to hold employers who hire illegal aliens accountable, but he failed to say how. What should be the penalties for these illegal employers? How large a fine should they receive? How many years in jail for the executives of such companies?

    It would have been inspiring to hear the president say that he and his friend Vicente Fox had discussed illegal immigration and drug trafficking and reached an agreement that both our country's militaries would be used to create a joint border security force, one that working together would ensure the integrity of the Untied States/Mexico border.

    Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.

    Aside from the fact that both political parties are complicit with corporate America and special interests in placing so-called immigration reform ahead of border and port security speaks volumes about our elected officials' commitment to the national interest and the weight and influence of corporate America over both parties.

    Mr. President, I don't think the American people will tolerate this much longer.



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  • PD_Dec2002
    07-22 10:10 PM
    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.

    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant




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  • hemanth22
    07-21 09:24 AM
    What you should do immediately.

    If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.

    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]

    If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.

    If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Grouped by Home State

    Alabama: (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea



    This is a very unfortunate happening.

    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay


    Among the senators with presidential ambitions only McCain voted in favor of the bill
    I am for , contacting the local sentators who have voted nay for this bill

    Are there any established methods of doing so



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  • sweet_jungle
    02-25 03:55 PM
    If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.




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  • ghost
    09-19 04:32 PM
    agreed, I just mean that publicly we whould not be asking explicitly to increase visa numbers.
    It depends on who our audience is:
    In interviews with newspapers for example, going into specifics like increasing visa numbers puts off the avg American, bec all he reads is increasing immigration.
    But in speaking with a knowledgeable audience, like of course when approaching politicians, this can and should be done.

    Excellent Strategy



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  • immi_seeker
    07-12 10:10 PM
    Thanks for the responses. Will call uscis on monday.




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  • thepaew
    02-07 12:22 PM
    It is approximately 20 Lakh to 35 Lakh p.a. for top talent. Again, my information is anecdotal - your mileage may vary.

    I hear that the recession has hit hiring and wages in India as well. I am taking a 4-week vacation/business trip to Asia in March and can post some data when I am back.

    Any guess!!!




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  • gc28262
    07-18 03:47 PM
    On H1B it is illegal for employer to enforce bond:

    Please read employees rights in DOL page:

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.




    hiralal
    08-14 06:36 AM
    this is in response to some who say what if India does this and that ...the point is that India will do nothing. In general we have passive leaders and our PM is a great example of that - if it was done against china then immediately there would have retaliation. in some ways it is good if it stops the misuse ...I guess the biggest losers in this are the lawyers - more lawyer shops will close down




    indianabacklog
    02-01 02:14 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.


    Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.



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