Sunday, June 12, 2011

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  • adGurkha
    06-29 12:47 PM
    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?





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  • sunnymit
    02-17 04:30 PM
    Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand





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  • Alabaman
    11-04 08:45 PM
    Whenever you want to switch jobs, you have to apply for a whole new H1.
    Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
    what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.


    How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?





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  • Ann Ruben
    02-09 10:47 PM
    Saurin,

    Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.

    A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.

    You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?

    Ann



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  • ravik904
    12-14 09:05 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?

    Regards





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  • needhelpASAP
    04-26 01:07 PM
    Thanks so much for the responses.

    I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.

    "As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."

    Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?

    Thanks again.



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  • ssksubash
    09-30 02:29 PM
    Thank you all for your suggestions. I was wondering if some one had more info in case the perm gets denied.

    Thanks,





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  • simple1
    06-03 02:00 PM
    fool's post. yes you are.

    The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.

    I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.

    Housing did create a biased USC/GC jobseeker.

    06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

    H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
    source:http://immigration-law.com/


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

    How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc



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  • go_guy123
    05-18 06:25 PM
    Bender's Immigration Bulletin (http://bibdaily.com/)

    Way to go...atlast someone..gave u a green for the post





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  • perm2gc
    08-24 04:48 PM
    I have similar situation and not sure whether I will be able to apply for H1B revalidation..

    I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
    H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..

    My Views Are Personal..Consult Immigration Attroney !!!



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  • Shivani
    02-23 11:36 AM
    Hey,

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani:)





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  • sertasheep
    09-15 07:25 PM
    We have received only 5 nonfrivolous questions to date in preparation for the next call. This does not meet the critical mass of 20-25 questions for justifying a conference call.

    Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.



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  • hope_4_best
    07-27 03:45 PM
    [QUOTE=ajaykk]From the below FAQ2 just release by USCIS

    Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
    A21. Yes.

    Does this applies to the applications reached USCIS in June but receipt is not yet issued?





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  • nashorn
    12-12 01:25 AM
    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.
    It's good to know.



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  • milind70
    04-06 12:55 PM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks

    In word from your situation yes you can qualify for the emergency situation

    the below are the reasons VFS mentioned when i was going for revalidation
    1.Returning worker
    2. For attending a funeral
    3. If some family member is seriously ill

    But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.





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  • rayoflight
    05-05 04:07 PM
    Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.



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  • thomachan72
    03-28 03:11 PM
    A small amendment for this bill could make everyone including high skilled and low skilled happy.

    Have arrived here at the age of 75 or under;
    Delete the section Serve in the military or attend college for at least two years

    Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.





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  • Siddharta
    03-11 09:16 PM
    We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?





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  • skd
    08-11 11:20 AM
    Here you go!

    I have Sept 2004 date , I can not vote in both Polls





    IAspire
    02-20 11:54 PM
    Hi All
    I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.

    I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.

    What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?

    Regards
    IAspire





    seekinggc
    07-16 04:59 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....



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