Sabado, Hunyo 11, 2011

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  • lagsam
    12-17 05:09 PM
    According to my daughter, they did not ask anything.

    She traveled separately from me.




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  • sands_14
    04-04 02:01 PM
    I e-filed,got my EAD in 2 months,AP in 5 months
    My wife efiled,got EAD and AP in 5 months.

    We went for FP for sure!


    So it can be a long process even when you efile.
    All you need is luck:)




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  • jackrock79
    01-13 03:02 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!




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  • averagedesi
    09-23 08:45 PM
    I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.



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  • sayantan76
    06-01 06:55 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(
    you do not need to be on L1A to apply for EB-1 managerial as long as you meet the requirements of being a manager as per USCIS definition. also eb-1 managerial is not a self-file - it needs to be filed by employer.




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  • ArkBird
    10-04 08:34 PM
    How did they pull it off?

    We have been waiting for data like this since umm..... last ice age??

    Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....

    We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!

    In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)

    I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.


    Let the Reds rain!



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  • quizzer
    11-09 12:30 PM
    Hi all,
    Recently I recieved a RFE on ability to pay regarding my I-140.
    I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
    Please suggest me any options that I can do


    Can you tell me ur category (EB2 or EB3) and RFE received date?




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  • cgs
    02-08 09:02 AM
    I think they(outsourcing companies) do and that's the abuse part of it.

    Sponsoring company should be a non-american company.
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.



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  • cdeneo
    03-27 12:50 PM
    No real evidence but when I had looked into doing this for my parents this is what I found out -

    You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
    1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
    2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
    3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
    4. Any other valid reason with proof...

    I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.

    Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...

    Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.

    Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).

    Good luck with whatever you decide to do.

    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks




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  • aj_jadeja
    12-07 08:28 PM
    as per SFO consulte website you can apply for new passport 1 yr before ur current passprot expires.

    aj



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  • priderock
    05-15 01:28 PM
    Hi, Guys:

    My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.

    Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.

    When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.

    Talk to an Attorney when in doubt.




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  • jthomas
    04-07 03:46 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

    you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
    Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
    I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.



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  • sk.aggarwal
    06-01 08:42 AM
    This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.




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  • transpass
    07-22 11:16 PM
    You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

    As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.



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  • 53885
    08-10 01:44 AM
    And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.

    Regarding contribution which of the following options apply to you?

    * How do you contribute to IV?
    A. Money
    B. Time (Volunteer and/or participate in IV action items)
    C. Both A & B
    D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
    E. Well, I visit IV just for forums so that my questions are answered. Period.
    F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.


    If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.




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  • vbkris77
    02-03 05:21 PM
    All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.



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  • lazycis
    02-14 10:13 AM
    From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
    I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.




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  • SureShot
    04-28 02:23 PM
    I picked IronKart but not by much. It was much shinier and brighter than my second choice - Sens.

    If Sens' was brighter and I could see more, I think I would have picked it cause it was closer up and had more detail. I couldnt even see cyber's - the link was dead?




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  • jthomas
    04-07 03:46 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

    you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
    Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
    I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.




    rheoretro
    09-13 03:40 PM
    Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.

    Folks, I agree that while complaining and venting are therapeutic, they are only good up to a certain point. Don't just vent on these forums. Vent, but also try and do something constructive - help recruit new members, help raise funds for UIV, talk to your bosses at work and friends who are US citizens, and make them aware of what LEGAL immigrants who are stuck in backlogs and limboland are going through. Have them write their congressmen and senators and tell them to do something about this situation.

    Venting is a good first step, but we'll all need to be more constructive than this.




    sumkam
    07-28 03:01 PM
    It takes roughly 20 business days. We just got ours.



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