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Thursday, June 30, 2011

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  • 10dulkar
    08-08 09:34 AM
    My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.





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  • vivek_ut
    09-12 09:51 PM
    Rajiv Khanna from immigration.com held two conference calls on going back to school with a pending green card application. Not sure if your particular situation is covered but you can listen to the conference call recordings on his website. I believe these were in the April/Mat time frame.





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  • Ann Ruben
    03-29 07:42 AM
    First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.

    At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
    who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.





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  • zamoo
    09-29 11:48 AM
    If you indeed resign, there can be trouble..."luck factor" might pay a role.

    But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.

    Now, if your employer is a small place, then its all "it depends" thing...

    Good luck...see to it that you don't extreme measures unless absolutely needed.



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  • Rb_newsletter
    04-16 02:19 PM
    I would like to see this kind of report in front page of WSJ and NY times.

    I like the below points from the report.

    - There is no evidence that during the long periods of time when no foreign
    nationals could receive new H-1B petitions the job market improved for U.S. workers or professionals.

    - The March 2009 findings from Duke University and University of California, Berkeley researchers send a signal that America cannot take it for granted that outstanding international students, researchers and professionals from around the world will always want to stay and work in the United States.

    - The relaxation of green card constraints proposed in the Comprehensive Immigration Reform Act of 2006 could have increased labor earnings and GDP by approximately $34 billion in the tenth year following enactment and had a net positive effect on the budget of $34 to $47 billion over ten years.

    - Relaxation of H-1B caps under the Comprehensive Immigration Reform Act of 2007 could have increased labor earnings and GDP by $60 billion in the tenth year following enactment and improved the federal budget�s bottom line by $64 to $86 billion over ten years.�

    - �Over the past 15 years, immigrants have started 25 percent of U.S. public companies that were venture-backed, a high percentage of the most innovative companies in America . . . The largest U.S. venture-backed public companies started by immigrants include Intel, Solectron, Sanmina-SCI, Sun Microsystems, eBay, Yahoo!, and Google.

    - we estimate that all companies founded by immigrants from 1995 to 2005 produced $52 billion in sales and employed 450,000 workers in 2005,�

    -





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  • nmdial
    10-16 05:21 PM
    Please, count me in.



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  • mrdelhiite
    07-01 03:35 PM
    for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'

    The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .

    Please suggest and sorry if this si a repost. I could not find a exact answer.

    Thanks
    -M:confused:





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  • rdehar
    07-27 09:20 AM
    You can change from L-1 to H-1 as long as your H-1 is approved and valid.

    No you do not need to get it stamped while in US. Only if you go out of US and come back, you will need stamped H-1.



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  • sweet_jungle
    09-30 02:20 AM
    With GC process bound to take long, staying at the same place to avoid changing address may be a big challenge.
    Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
    Will it be possible to go online and change to PO box address for I-485?
    Does INS has any issues in sending GC to po box address?





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  • kmk2002
    02-09 11:27 AM
    Check public data at

    http://flcdatacenter.com/CaseData.aspx


    Here's the site: http://www.myvisajobs.com/H1BVisa/Default.htm



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  • carbon
    03-12 06:25 PM
    Today I found my frustration transform into creativity.. so I've created this program (instead of doing some actual wrork) for you to enjoy!

    Life of an American
    ========================================
    live(){

    while(1){

    work();
    money = earn();
    enjoy(money - taxes + government_benefits);

    }

    }





    Life of H1B Worker:
    ========================================
    live(){
    visa = getVisa();

    while(1){

    if(visa == valid){
    work();
    money = earn();
    money = money - send_some_home - save_some - taxes
    - visa_expenses - travel_expenses; /// - immigration_voice_contributions; :)

    if(money > 0){
    if(PD == CURRENT && talented_spouse_not_on_H4){
    enjoy(money);
    }
    else{
    spend(money);
    suffer();
    }
    }

    }


    if(you_want_to_travel){
    stamping();
    }

    if(isVisaGoingToExpire()){
    if(renew(visa) == failed)
    goto the_end;
    }

    if(laid_off)
    goto the_end;
    }

    the_end:
    pack_your_bags();
    go_home();
    }

    sub enjoy(){
    buy_a_house(money);
    buy_a_new_car(money);
    go_on_a_vacation();
    jump_jobs_like_a_kangaroo_or_start_your_own_compan y();
    get_promotions();
    }

    sub suffer(){
    no_raise();
    no_hope_for_promotion();
    let_them_exploit_you();
    cant_do_long_term_planning();
    watch_others_progress();
    predict_visa_bulletines();
    check_visa_bulletines();
    check_immigration_voice_dot_com_every_day();
    blame_everybody_except_yourself();
    }

    sub renew(){
    if(visa.age > 6){
    if(aproved_I140){
    visa_expiration_date += three_years;
    }
    else if(approved_labor){
    visa_expiration_date += one_year;
    }
    else
    return failed;
    }
    return passed;
    }

    sub stamping(){
    go_home();
    wait_in_line(hours);
    talk_to_snobs_at_the_embassy();
    show_same_documents_thousands_of_times();
    return;
    }





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  • eb3_nepa
    06-08 10:59 AM
    i dunno abt May 2001. But here is the prediction for Eb3 India being current.
    ..
    ...
    .....

    NEVER!! :p



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  • Aah_GC
    06-24 06:16 PM
    Yes you can but at some point it is safer for you to have worked for at least some time with Company A. Please confirm with others.

    Between, you just invoke AC21 automatically under the guidelines - there is nothing to "file" per se, unless you want to send out your new offer letter to USCIS along with other supporting documents.





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  • puvathoor
    01-29 01:48 PM
    This is a good thread.. I would like to find out if I can continue my GC process if I move internationally till my PD becomes current..

    I wonder what kinds of documents will be required for one to be still use the GC process..

    I am going to talk to a lawyer about it and understand this.. I will post answers here..



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  • boreal
    08-18 03:52 PM
    Thanks for the suggestion but We need people who are stuck in retrogression. Professionals who have a story to tell. They should be IV members too.

    Yep, these associations have alumni on their mailing list too and thats how we can reach ppl stuck with retrogression. I know coz that association at my school, MSU maintains such a list too...





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  • Prashanthi
    08-21 01:39 PM
    My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.

    ------------------------------
    LC and I-140 Approved; EB2 PD 22 Feb 2008

    The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.



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  • sr1973
    07-23 12:10 AM
    All,
    Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.





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  • sam_hoosier
    01-19 03:51 PM
    Technically, it is the date when LC application is received by USCIS. Most of the time, it is the same as filing date but not always.





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  • srikanth003
    02-28 10:47 AM
    Thanks for your time and consideration. I was of the same opinion till now. But getting a little flustered lately, since my I-94 end date is 10-Jun-2011. I could not check back with my employer if they would be doing a premium one. Because once I raise any such queries, they might start the process now itself to avoid last minute submissions. Since there would be questions from them on why did I delay till now etc :(
    Thats the fix I am in now.





    gimme_GC2006
    08-06 09:58 PM
    Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
    But Again I am not a expert here and could be wrong, EXPERTS please advise

    well...they had my finger prints on July 28th..so they started FRESH checks all over..

    Which means, by the time they complete checks, PD will retrogress and then when PD becomes current they start again.

    I think I may have wasted my career by not grabbing opportunities that came to me but waiting for GC to approved..I hope not to repent a lot later :mad:





    amitk81
    07-15 11:52 AM
    Hey I got a phone call last evening, my lawyer advised me to cancel the appointment and use my AP and EAD instead.

    She advised to go to India and get my H1B stamped in Dec (which I might end of doing anyways).



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