Sunday, June 26, 2011

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  • insbaby
    08-10 08:23 AM
    Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.

    There are couple of issues:

    1. You are trying to form a small group inside a big one.

    2. You PD should be in Jan/Feb/Mar so you worry about people just blocking your way.

    Where would the people after 2004-Jan PD go, as we are reaching Jan-2009.




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  • GCStatus
    09-03 10:26 PM
    My PD is current - Going for consular processing a good idea?




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  • sudhirdd
    07-11 02:48 PM
    I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

    If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

    Pls. help, your reply will be highly appreciable?




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  • munnu77
    04-16 01:55 PM
    Any one from Sugarland (Houston TX)? Its rated one of the best place to buy the house NOW .
    http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html

    How is the IT job market there? who are the big employers in Houston area?


    not a good place for IT...dallas or austin is better than houston...



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  • gc_chahiye
    02-17 09:41 PM
    U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...

    can you post a link to some website to back up that statement?

    From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
    http://www.shusterman.com/h1bfaqaila.html
    2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?

    If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.




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  • immigrationmatters30
    06-04 07:54 AM
    1- how will be the process and how much are the fees?
    --You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
    2- How long does it take?
    Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
    3- Do I have to go back to my home country to get the new stamp for extension?
    After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
    4- Is there any way to renew it in USA?
    No
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    -Not really.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
    7- Is there anything else that my employer and I should know and consider?
    You- Make sure you have real paying job in US with your employer.

    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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  • lostinbeta
    10-28 10:06 PM
    Oh, I meant your situation eberth.

    Not your site. The site was good. I like the house and grass, it was cool :)

    Sorry, I should have specified in the first place.




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  • yabadaba
    06-29 02:30 AM
    i just saw the immigration portal threads...interesting...dont think its too bad tho.



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  • boston_gc
    01-20 09:29 PM
    My I-797 approval notice was received several months ago. Does that reduce the possibility of security delays? Also, is there a way to take proactive steps to make sure PIMS is cleared before visa interview date?




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  • gcpool
    08-30 09:16 AM
    Advance parol was not taken and can we still use parole as a status.

    Unknown is good but I was wondering if it would raise any red flags



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  • bzuccaro
    11-08 05:23 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.




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  • srisra
    07-13 09:25 PM
    my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

    he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
    is this wise idea...if i say yes.. he will file by next week..
    i already sent money for my wife...
    my company is not covering my wife's expenses.
    the lawyer is charing 600 for legal and 745 for filing...
    are these
    reasonable fees



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  • ilikekilo
    05-21 04:34 PM
    haha....that is funny




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  • anemmani
    01-04 01:46 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    nit_sea,

    I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

    Good luck,

    Nag



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  • vin13
    12-02 01:21 PM
    We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
    If you do not get help in one of the offices, try your luck at another USCIS office.




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  • surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status



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  • thomachan72
    10-04 03:09 PM
    That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
    Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
    Yes I meant tax deduction under Indian income tax not IRS.
    Also I checked online and the max deposit permitted per anum into the PPF acount is only Rs 70 thousand. I am not sure yet whether NRI can deposit.




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  • sivakumar
    01-08 04:41 PM
    not true. You can be approved only if your PD is current.
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.




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  • alterego
    10-09 05:57 AM
    Another example of how this issue has now so clearly become a political hot potato in this country.




    Desertfox
    10-30 08:33 PM
    is it from the receipt date or notice date?

    It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.




    GCAmigo
    12-16 06:14 PM
    it took 10 months to move one month..



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