Saturday, June 11, 2011

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  • sundarpn
    06-04 09:40 AM
    noob question...

    hasn't the bill passed in the senate already?

    Is there a deadline for it being cleaned up and passed or scrapped in the house?

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  • mundada
    11-25 11:50 AM
    As per the lawyers I got advice from

    1> F1 is non-immigrant visa unlike H1B which is dual intent visa.

    2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.

    3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.

    4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.

    I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.

    Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.

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  • nagesh75
    07-06 04:40 PM
    I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
    Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
    I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.

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  • 485Mbe4001
    12-17 06:20 PM
    Look at the EB3 dates for Mexico for the last 4-6 months, they were all beyond april 2001 and still stuck for 4 months with little movement. Most people think that April 2001 sounds like a beacon of hope or a major hurdle after which things will be normal and we will start getting the GCs, i dont know how you can say EB3 moved fast, and for desis its a long long wait.

    Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.


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  • kaisersose
    07-25 12:35 PM
    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

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  • saran4
    03-03 09:05 PM
    Hi all,
    consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
    why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

    what may be the reason? why they are concerned about the offshore salary?


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  • thomachan72
    06-04 11:38 AM
    Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
    No, they said may be this Friday / next week.

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  • natrajs
    09-16 03:27 PM
    Recd CPO e mail @ 7 PM EDT - 9/15/09 ( Self & Spouse) - TSC

    June 04 EB2I
    8/8/07 - RD
    9/28/07 - ND
    8/28/08 - SLUD
    9/15/09 - HLUD - CPO E mail

    Thank Q IV

    Best Wishes and Good Luck


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  • krishna_brc
    10-27 09:29 AM
    We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.

    We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.

    Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “

    I would like to know if anyone had a similar experience. Appreciate your inputs.

    Below is the answer that i got from Chicago Indian Embassy

    " OCI new/renewal will NOT be issued for US born children whose parents are of Indian Origin"

    So had to go with PIO for my baby.

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  • anoopraj2010
    07-30 11:11 PM
    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?


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  • crystal
    03-28 04:20 PM
    In the profile data EAD/AP dates are kind of overkill I guess, even though they are not mandatory fields. They add no/very little value to overall purpose.

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  • lord_labaku
    09-16 09:54 PM
    Do you know whether the substituted LC was used by the original employee by using AC21. If that previous employee got their GC...then the subbed LC is void so 140 will be denied.

    This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.

    Good luck.


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  • green_card
    07-20 01:58 PM
    stop the guessing game. give some concrete info if you know it or let someone else that knows answer.
    what you believe doesnt amount to a hill of beans. no offense.

    I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.

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  • masterji
    07-21 08:17 PM
    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.


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  • sreeanne
    02-04 05:30 PM
    Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

    I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

    Do we need to report the same if kid has india visa for 10years?

    I am not sure how far this is true? Can anyone guide on this.


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  • chanduv23
    07-30 09:36 AM
    Pappu - it is defnitely pathetic that people have not been able to make best use of Ombudsman's calls.

    But we have to accept reality. In general, from what I understand, Ombudsman calls are for common man and people who participate may not necessarily be an IV member or come to IV forums regularly or think in the way we think. Even if an IV member is on the call and is a regular visitor to forums and is wanting to do something collectively, he/she may want to deal with their case.

    If IV is organizing the Ombudsman call and requests IV active members to utilize the opportunity in the best possible way - it is a different thing but that may also not help.

    I do share your feelings but I guess it takes a lot lot lot of time to organize people to stand up for collective issues and collective resolutions rather than their oown individuial needs.


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  • tinkugadu
    07-04 09:27 PM
    My state in four lines

    1) Came to US on F-1 Visa, never completed my masters

    2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

    3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

    4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

    But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

    But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

    I had so many hoped on the current numbers . Any idea guys what can i do?

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  • mariner5555
    02-08 01:14 PM
    Thanks for the info. but is it 180 days or 120 --there was a thread that said it has become 120 days before expiry or else it is getting denied ??

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  • gbof
    07-31 10:02 AM
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    11-21 04:08 PM
    if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess

    01-30 12:16 PM
    we can have an org slogan below the logo that says

    "High-skills employees for legal immigration".


    "Legal High-skills employees for immigration reform".

    something like that. All orgs have slogan. Compete America( has a slogan "American employers for legal immigration".

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