Thursday, June 9, 2011

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  • seahawks
    06-29 11:30 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.




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  • zCool
    03-24 04:25 PM
    I heard whole segment and it was great advocacy Mark.
    I think the guy who called afterwards nailed it right..
    I don't know why folks don't emphasis injustice built-in per country quota..
    If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
    We should hammer this point everywhere..
    I have spoken abt it and no one can really say any good counter-point..
    IF the pain was shared across all the nations, you bet there would be more support across the board..
    Also per-country quotas are really relic of pre-1965 European only immigration policy..
    Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!




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  • swapnajay
    10-09 01:02 PM
    Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......

    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979




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  • gccovet
    08-22 03:09 PM
    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.

    The firm is trying to milk you. looks like better switch the lawyer, appears to be greedy.
    my 2 cents...
    GCCovet



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  • arunkotte
    11-21 09:41 AM
    Done!! Sent an email to 60m.




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  • Jaime
    07-20 12:36 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?

    I agree but, I am certain that a law will get passed at some point to give us relief, especially given all the noise that we have made (and which we should continue to make). I just cannot imagine that they wouldn't pass any relief. And if the latter is the case, it will be slavery and hell on earth, right here in the Land of the Free.



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  • sledge_hammer
    07-01 12:43 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.

    According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.

    In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.

    Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.




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  • indianindian2006
    02-17 10:59 AM
    Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?

    The reason for only him reporting so far could be that it was a Southern California chapter meeting and he is the local attorney out there.



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  • wandmaker
    11-05 09:10 PM
    You dont need to pay the fees, as it is USCIS mistake - Send the new application form with a cover letter, you can send it yourself.

    Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?




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  • mallu
    02-17 10:00 PM
    I believe the spillover will come from ROW EB3

    I was wondering what are the rules regarding the 'overflow' stuff. Any document ?



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  • go_guy123
    08-13 01:54 PM
    isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
    if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.

    This h1b money is totally insufficient but most likely it will add to governent deficit...but who cares. Eventually this 2000K will increase in some "piece-meal enforcement only" bill
    in future.




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  • Life2Live
    01-23 10:56 AM
    Hi,

    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    They changed the visa fee this year (2008).
    The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
    What can I do now?

    There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )

    What should we do in this case as we are filing online?


    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents.

    Thank you.

    You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.


    Following are the information from VFS website:

    United States Government announces worldwide revision of machine
    readable visa application fee
    December 27, 2007
    The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.

    Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
    The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
    Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.



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  • suresh_la
    11-30 12:10 PM
    I have Labor (PERM) and I140 approved from my current employer.
    can I apply trasfer and extension with new employer.

    Advice is highly appreciated.




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  • akkakarla
    08-06 07:56 AM
    They can be stressful but one should relax before going to AOS Interview.If one feels the attorney will help them it is better to take the attorney. But certain times the over enthuisatic attorney may mess the smooth going interview and never comes to terms with what we want them to tell.

    Some additional tips:

    (1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.

    (2) Always take 4 extra photos with you.

    (3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.

    (4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.

    (5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.

    Future Employement Tips:

    (1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.

    (2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).



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  • leo2606
    10-13 10:14 PM
    Probably the consulate people will think the candidate as Fidel Castro's brother are something if you wear red.:confused:




    Are you serious or kidding?



    Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.

    But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.

    That dress is - "Red Shirt"

    Hope this helps !




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  • fide_champ
    06-25 10:39 AM
    The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.

    But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.



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  • Suva
    04-15 02:20 PM
    It seems they removed April 15 update from the website. Also I do not see any changes in the Occupations under Pressure List.




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  • sunny1000
    07-19 02:41 PM
    It was a false positive and your x-ray confirmed it. Your doctor would have given the appropriate determination in the I-693 sealed envelope. If you still get a RFE, follow the instructions and go to the USCIS approved doctor near you.




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  • meridiani.planum
    02-28 03:46 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.

    B. yes, new company can start another PERM

    C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.




    pbuckeye
    03-30 07:10 PM
    How about your client directly sending the agreement to the consulate .

    I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)

    And folks - try to shed the negativity and keep the thread on topic




    singhsa3
    07-20 02:04 PM
    Then why do they have two separate forms
    It doesn't matter. You can file G-325 or G-325A.



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