Sunday, June 26, 2011

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  • neoklaus
    11-14 03:33 PM
    Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?

    It is probably just this IO who has a different intepretation of the rules.

    I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters




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  • ram_ram
    03-18 04:48 PM
    No and as per Murthy chat questions many employers do not do anything with I-140.




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  • daishwarya
    07-20 03:03 PM
    @Sanjay, sent you a private message. Please check.




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  • kirupa
    06-06 02:41 PM
    haha - I just removed the first green stamp and added 1 to his other stamp :)



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  • AK01
    03-26 10:48 PM
    Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.

    Simply untrue.. The magic word is: progressive, progressive, progressive...

    From horse's mouth:

    http://www.immigrationlinks.com/news/news215.htm

    (see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.

    EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.

    From the link:

    The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.

    Position 1: Staff Software Engineer

    ETA 750 Item 14:

    Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
    Experience - 5 years job offered or 5 years related occupation software engineer.

    ETA 750 Item 15:

    Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.

    It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.




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  • waitnwatch
    05-30 01:25 PM
    Following this logic only BEC cases are affected.
    I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.

    If BECs complete processing by year end then all I140s could be issued within a few months of that.

    After BEC cases have been processed then what's the problem since PERM is workable?

    The only problems I see are:
    BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
    Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.

    The extension beyond 6th year was only ever intended to allow for the labor certification backlog.

    Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).

    If the BECs complete their job, why would there be a need for 7th year extensions?

    I am not just talking about those who have already applied or those who are stuck in BEC. I am also talking about anyone who has not yet applied and are applying now or will be applying in the future.



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  • Andy with Woody and Buzz (Toy


  • arjun007
    01-26 12:53 PM
    H1B Stamping in Halifax Canada (only for revalidation)

    If this is your first H1 do not book your appointment. I had my H1 from my first company and I was going for the stamp for my third company.

    -Appointment
    I Scheduled the appointment on the website. While scheduling it the page for entering the I-797 information (notice date, receipt date, receipt number) did not show up. But a few days before the appointment I logged in again to my account with the passport number and reference number, this page showed up and I entered the information. It is important to fill out this information and DS 156 online.
    I would suggest filling up a sample DS-156 offline and after reviewing it filling it up online. You should get 3 pages for the DS 156 and 2 of them have a barcode.
    *Do not glue the 2x2 photograph on the form.
    *Also do not leave any blank spaces (.... write NA)

    At the airport

    As soon as I got out of the immigration at Halifax, a few yards down the airport lounge I saw the Travelex foreign exchange and converted a few us dollars. there is a 7 $ fee for every transaction. If you have somebody with you, I would recommend both of you to do the transaction in one go. I recommend not taking a cab to the city. It costs 54 Canadan $. There is a shuttle service managed by AIRPORTER. Its 18 $ per person. Book your ticket in the airport terminal itself. Ask the driver to drop you at Delta Halifax (Hotel).

    -Scotia Bank
    Once you get down at Delta Halifax you will see the Scotia Bank Sign. Get into the building. The bank is in this building (Scotia Mall) right behind a fountain.
    Deposit the money and get the deposit slips stamped. I converted another 50 US $ for a 2 $ fee ( Cheaper than the airport). The food court is next to the bank. I ate at TASTE OF INDIA, but I would recommend the Chicken kabob platter at the Lebanese joint. After lunch I walked all the way through the skywalk to the PURDY WHARFS TOWER 2, behind the Casino, to check out the consulate, so that I do not have to struggle the next day to find it. The security at the reception area called a cab for us to my Dartmouth motel.

    -Stay
    I booked a motel (air+hotel package on ORBITZ) in Darthmouth, Nova Scotia (Comfort Inn, 456 Windmill rd) $ 72 per night for a 2 bed room. Its 20 minutes away from the city. 14 $ by cab. You can also take the bus number 51 (2$ coins only) right across the motel to the place called Bridge (it literally takes you to the bridge which connects Dartmouth and Halifax city). Remember to take the transfer stub and change the bus. Most of the buses from the bridge go to the Scotia Mall in Halifax. We travelled by bus for most of the day. It was very cold. January and temperature were around -20 C. There is a Chinese restaurant and a Pizza/Sub place right across the Motel. Also the Bridge area has a few places like Wendy's.

    -day of the interview
    My appt was at 9:30 , I was there by 8. They took me in. Gave me a list of documents to be kept ready (I was missing the travel itenary, fortunately my friend who was travelling with me had an extra copy). The security guy checks the documents and gives you a stub for the passport. Keep this stub safely, you have to show it the next day to get back your passport. (Its cool even if you lose it.The security guy is very freindly. He remembers people. A few had lost it, but no issue)

    questions
    - how long you have been in US
    - what degree (Masters or Bachelors)
    - how long with this company
    - why did you leave the first company
    - why did you leave the second company
    - when did you leave the company

    She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.

    After the interview we went back to the scotia mall, had lebonese food, took a bus number 1 to the park lane mall ( you could also walk) and watched an awesome movie (Kite Runner)

    Next Tense day
    This was friday, my flight was at 6:15 pm. The US immigration closes at 5:30, so I had to be back to the airport at the most by 5:15 pm.
    I was at the consulate at 2:50 pm. I security guy let us in. Has a small chat with us. Said only a few passports are ready. unfortunate none of them were ours. We waited till 3:15 pm but the passports werent ready. There were 7 of us , only 2 were H1B. He asked us to come back at 4:30 pm, if not by then he ased us to enjoy our weekend at Halifax !! We went back to the Scotia mall, ate some more, came back at 4:00, clock was ticking...all 7 of us were there by 4:30 pm. All were very tensed, they had booked their tickets like us. 4:45 nothing yet....4:56 I got my passport, 4:59 my friends got my passport. We ran down to the reception, the security called a cab,
    All of us had got the Passports. The Taxi driver (Indian) drove like crazy to get us to the airport. It was rush hour and the Bridge is packed. The most amazing driving I have seen. We got to the airport at 5:30 pm, but they didnt let us check in as the Immigration was closed. I paid 200$ for 2 if us to rebook the next available flight next morning and stayed the whole night at the airport.
    -

    Hope this information was useful. Too detail, but I was in the mood of writing after watching Kite Runner. Do watch it !




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  • admin
    05-29 08:48 AM
    hi, thanks for info. But one more question. Yes, now and then a date in Oct' 2006 is showing up. But, it will take time to fill all the forms after i proceed. What are the chances that i will get that date when other people are competing in real-time? Please post a reply.

    As per http://www.murthyindia.com/content/em_appt.html if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.



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  • desi3933
    02-18 06:21 PM
    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.

    wandmaker -

    Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.

    Child will, of course, need passport. But no visa.

    This is one of the few exceptions when person does not need visa to travel.

    Hope it helps.

    _________________
    Not a legal advise.




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  • raj2227
    10-17 03:12 PM
    1



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  • shishya
    09-27 12:42 AM
    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya




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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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  • pappu
    07-16 02:35 PM
    This is just a recycle of WSJ article that came out today. Nothing new. IV posted this last Friday already and we were the first. Please use your judgment and not use such comments as inside information.




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  • gc_wannabe
    06-16 11:05 PM
    Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
    During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.

    And no, I'm not working for a consultant. And I have been with the same employer since 2006.

    Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)


    Thanks.



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  • LostInGCProcess
    09-04 01:25 PM
    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.

    That is because of the computers at work as opposed to humans. When USCIS revoke I-140, it triggers NOID for the I-485 that is attached to the I-140, automatically.




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  • HRPRO
    01-18 09:30 AM
    H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.

    Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.



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  • swadeshi
    08-31 12:30 AM
    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...




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  • joydiptac
    04-21 02:44 PM
    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..
    Yes but why?
    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
    No. H1 has to be refiled.
    b.) Can i file for H4 on my own..is it complicated?
    Yes and Not complicated (I haven't done this but I have seen the application).

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current
    I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.

    thank you!

    BTW are you from IT BHU?




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  • lskreddy
    04-12 09:51 AM
    Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.

    If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.

    If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.




    53885
    05-12 11:38 AM
    I didnt contact senators from AILA.

    I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.


    How do you contact so many senators. It asked my my address and sent the email only to my state's senators.




    edaltsis
    11-12 01:23 PM
    You can submit the current (new) company paystub. They will ask for the most recent/current paystub but not the past one. But however it cannot be ruled out that they will not ask previous ones, it all depends on the officer.



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