Sunday, June 19, 2011

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  • ash27
    04-01 06:08 PM
    At the time of adjudiciation, can we show permanent offer letter from any employer? For e.g. If 1 filed GC through Employer A. After receiving EAD, 1 switched to employer B. At the time of adjudiciation, can we use permanent offer letter from Employer C for Green Card.

    Any information will be highly appreciated.

    Thanks,
    Ashish




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  • GotGC??
    05-15 11:50 AM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?




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  • indianabacklog
    03-19 01:16 PM
    If it is true, how come the few person with old priority date (2002) is still waiting and some person with later priority date (2003,2004) got their GC..after Name check

    RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.

    It is a random process for sure.




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  • gcwatchdog
    05-10 10:37 PM
    Hello 90210,

    If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

    I talked to Murthy about this couple of months ago.



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  • gimmemygreen
    10-12 12:59 PM
    Fox recruiting Lou Dobbs for war on Obama administration? | ChattahBox News Blog (http://chattahbox.com/us/2009/10/12/fox-recruiting-lou-dobbs-for-war-on-obama-administration/)




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  • needhelp!
    02-13 04:50 PM
    Lets do it for us!

    IV' ans of Southern California,

    We need your help in making the Admin Fixes Campaign Successful. We are organizing a Southern California IV Meetup and Letter Signing Event this Weekend. We are targeting to get a 1000 letters signed and sent to the White House from our group. We need volunteers to print letter templates, get envelopes/stamps and most importantly bring family, friends and colleagues to this event. Please see below for details about the Venue.

    Where: Woodlands Restaurant 11833 Artesia Blvd, Artesia, CA 90701
    When: Sunday, Feb 17'th
    Start Time: 2 PM

    Please post on this thread if you can print letter templates, bring in envelopes/stamps, bring in family/friends to the venue or help out in any other way. Thanks



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  • sri1309
    12-08 07:05 AM
    Hi All,
    I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
    I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
    I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
    I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.

    My questions are -
    1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
    Absolutely, just have some experience with a Komputer software, they call Microsoft Outlook. Its actually a suite of products, Office, word and excel. It can get little tough initially, but as you know fruits will be bitter, when you get trained in such a tough course. Set aside 1-2 months in a week, for this.
    2- If I have to go back to school what major will I need to take? Any specific requirements?
    I'd not waste time for school. See 1. A simple course is sufficient.
    3-I have a bachelors but not in engineering- can I go straight for a MS in computer science or will I have to do a bachelors in Computers first.

    See 1. Dont spend anytime in MS or PhDs.

    4-How's the current job market and and also if you have any idea/view about future job scenario?
    Current job market is booming. You may have seen job losses in other fields, but in IT, its not the case. I was making $125K 3 months back and now I am switching jobs as I have 5 offers, offering me more than 200K. My employer is begging me to stay.
    5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
    Absolutely, 50% in this forum are same like you. Me too.
    6-Also if somebody can give an idea about salaries in computer related fields?
    Point 4 answers.

    Have a good day guys and thank you in advance for your views.

    Hope this helps too. I fully agree with Lord.
    So how long have you been in the US.




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  • kk_kk
    05-19 11:50 AM
    You just have to justify by saying, you have been in US on H1B visa and you came back after you have completed your project. Aftre that it is upto consulate.



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  • small2006
    07-21 10:27 AM
    See my post here under the subject "FP Notice received..finally!"
    http://immigrationvoice.org/forum/showthread.php?t=20288

    Hope this helps.




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  • simple1
    10-06 03:17 PM
    Troll alert. Avoid responding to these posts.

    I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
    How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
    I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

    I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

    Does any one else had same experience?



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  • tomatocup
    07-12 04:55 PM
    It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

    Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...

    Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.




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  • chris
    09-29 07:31 PM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.

    If your name check cleared, you may have some hope.



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  • glus
    10-09 01:07 PM
    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

    This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.

    As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.

    Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.

    Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.




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  • ns33
    03-18 04:22 PM
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.

    Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
    Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
    If you have a good suggestion/solution please PM me.
    Thanks
    NS
    PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.



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  • pointlesswait
    04-20 09:03 AM
    Dude,... Fasa is only for US citizens..
    and even the banks will reject you if u dont have a GC..

    You get only a personal loan....or personal line of credit..from MBNA...(best option)

    Pvt. student loans ...from accessgroup.org..have stopped since nov. last year.



    Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.

    After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.




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  • arian2002
    08-17 11:56 AM
    My drivers license is expiring in October as well as my H-1B. My company has applied for H-1B renewal in July and it seems it will not get renewed before end of October. I have an approved I-140. Does anyone know if I can get my license renewed without the new H-1B approval notice in hand? Thanks everyone in advance.



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  • snathan
    05-19 11:34 AM
    Hello,

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Thanks,
    Harish Gowda

    The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.




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  • freakin_gc
    01-31 05:00 PM
    Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)




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  • piyu7444
    10-14 06:33 PM
    I am in a similar situation...filed for AP in June...mine got approved...wife's AP has not gotten approved yet....planning to travel in early December.

    I tried expediting for financial loss and got email saying that is not enough reason....

    I am thinking of refiling my wife's I131 and paying the extra $300...now. What do you guys think...is there a chance of approval before end of November or is it a lost cause...

    Its late if you want to go in early dec. If money is not a concern I would still try............




    yabadaba
    07-13 02:24 PM
    hilarious...my last post was 711

    go apu!




    kaisersose
    08-01 01:09 PM
    Wishful thinking.

    1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.

    2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.



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