Thursday, June 23, 2011

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  • polapragada
    09-04 12:36 AM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    You are right




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  • njboy
    09-10 10:20 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.




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  • yestogc
    06-30 01:37 PM
    You can have 2 H1B active at one time, but one should be fulltime and other which we call as concurrent H1B (part time).

    As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.

    The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.




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  • sathishav
    02-18 10:16 PM
    Which state are you from? Do they insist on Passport? In NC, if you have a valid drivers licence, all you need is a valid I797. They don't insist on the passport.

    This is true at least as of Oct/nov 2010.

    As the other member said, I have had no luch with phone/email from our embassy. Going in person "may" help, but since you mailed your application, they processing may be different.

    won't hurt, if you go and check though.



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  • feedfront
    09-14 02:06 PM
    Gr8 idea. I'm in..




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  • Dipika
    12-23 12:18 PM
    Thanks looivy for the details of your exp.
    We would like to know when did you go to Nogales for H1 stamping?

    My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

    i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

    IS my husband eligible to go to Nogales for H4 stamping?

    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!



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  • fromnaija
    03-28 01:05 PM
    You will need to have your H1 amended to show that you are employed part time. You should be fine with that.


    My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.




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  • Lil Wayne Talks Life, Music


  • andy garcia
    10-06 08:01 AM
    That's what I'm talking about ! :cool:


    I am ready to apply for the 9th time this year:rolleyes:



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  • Video: Birdman ft. Lil Wayne


  • vrbest
    01-21 05:50 PM
    Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...

    Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?

    Thanks in advance!




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  • rockstart
    02-23 12:06 PM
    What you think about state of economy does not matter. You have few options at this moment. First of all update your profile. If you have EAD then yes you can do an AC21 but that means there is some company out there which has a job & salary that matches your labor profile. So if you can find one then the option is always open to make the switch.



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  • talash
    12-17 08:24 PM
    I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
    Now answers to ur quiries
    1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
    2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
    I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
    Wish u luck




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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)



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  • MARY_GC
    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.




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  • kams
    06-18 01:21 PM
    My colleague was in similar situation. He went to Canada for H1 Visa stamping and while returning, the oficer at the border said I94 on the 797 is sufficient. Our lawer (Fragomen) adviced him to enter border crossing as last port of entry.



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  • Labels: Lil Wayne, Music Video


  • tonyHK12
    10-04 03:14 PM
    Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.

    Todays economictimes.indiatimes.com - Green card a tax liability
    "Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
    "Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "




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  • mnq1979
    05-21 12:36 PM
    well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?



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  • dpsg
    03-25 11:00 PM
    I think timesofindia has a right to report news. They are not a lobby group ..they are a newspaper. Give them a break.

    Although I do agree It is a poor quality newspaper, You can clearly see cheap shots on its main webpage.and the news selection for headlines is extremly british tabloid kind...flashy and worthless .

    They also run "economictimes" for business news, which is considered premier business newspaper in india... I feel really disappointed when
    I compare its quality with "wall street journal" or "businessweek".




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  • gotgc?
    09-16 06:13 PM
    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks




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  • english_august
    07-18 12:27 AM
    It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.

    If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.

    It's hard work but believe me - do it consistently and do it well and you will see that it will work.

    Best of luck and post the address of your site/blog here should you decide to do it.




    Ramba
    01-04 12:07 PM
    I am in non-IT engineering field having stressful job, as my job is always challanging. Though, I have good career record, I want to get into relaxing job. I am getting advise to change my field to IT. Few of them advise me to take course in QA or SAP to change the field.

    As most of the forum members are in IT field, perhaps this is a right place to get some advise.

    I want to have a relaxing/flexible job as I want to enjoy the job (no brainy job, as I have done enough in my field). Are these QA or SAP jobs are stress free? What is the prospects or future for those jobs in long term? Before giving up 10 year career in engineering, I would like to do trade studies.

    Thanks..




    vnsriv
    08-14 03:30 PM
    Please update on who received their FP notices:
    485 RD:
    485 ND:
    FP ND:
    FP Date:

    Got spouse's



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