Wednesday, June 8, 2011

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  • ameryki
    01-02 04:10 PM
    You can use your h1b to work after returning to US on AP.


    I believe that H1 is valid as long as you are with the same employer but once you switch employers thats a no deal.





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  • alisa
    06-10 10:42 PM
    Backlog Elimination Centers
    :)





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  • Sunx_2004
    02-02 12:09 PM
    I agree it has slim chance but I think it is a positive sign and if it works in our favor why not support it.

    cheers
    No way this amnesty would pass. This will end up in the ash heap of unpassed bills.





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  • vani
    08-26 02:49 AM
    Hi,
    I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?

    Greatly appreciate your reponse.

    Rgds,
    Vani



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  • eb3stuck
    09-22 07:20 PM
    Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

    We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.


    I think this is still in USICS control to allow I485 to file even if priority date is not current.





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  • tikka
    05-31 02:23 PM
    This is the least we can do...

    thank you delhirocks. this was the first step.

    Now you could you please take a few mins and send out web faxes. You can send it to all the states.

    Thank you again



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  • bibhudc
    08-21 02:40 PM
    From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    "The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."

    By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]

    I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.

    [I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]





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  • rkat
    12-13 08:15 PM
    Dyekek12 - my friend....We all are here only wishing the best for each other.! There has to be a reason why majority of folks who responded to to ur post in fact agree with what i had to say...This country is full of opportunity - no doubt about that.! But boy - one has to heavy, heavy price for that.!! A price that a lot of folks on this forum have to come to see - one that is not worth it.!. Yes - i am talking about the GC. Something that promises you all the freedom, flexibility, mobility that each one of is entiltled too.! But the road to get the GC is a road better not taken.! The only reason most of the folks here think alike - because we're already on this extremely bumpy road...invested time, $$, energy into all this.! And we all have been bought to a stage where we are standing outside the temple but are not allowed inside to seek blessings.! We don't know when we will be allowed inside..?? This is the anxiety that ends up eating u inside.!! Extremely uncomfortable, uneasy and anxiety filled scenario.!!
    Yeah dude...make a wise decision..No matter what! We can only advice.! Good luck!



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  • breddy2000
    06-25 10:06 AM
    Bumping up.


    Atleast , you are sure that you can leave your employer after 2 yrs.

    But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.

    See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.

    I say all these are made up by the Employers to scare the employees.

    As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...





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  • schandra
    11-25 09:10 AM
    Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
    I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
    Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
    Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
    But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
    What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).



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  • roseball
    11-14 10:43 AM
    If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.





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  • aaren253
    02-19 02:51 AM
    ok i 16 and i want to go to pasadena art center for transportation...and i want to know is their llike a art school that i can go to to help me create a portfolio and enhance my skills in sketching.



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  • mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?





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  • windycloud
    07-16 09:45 AM
    Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.

    I have a slight problem. My two I-94s do NOT have the same number. My immigration attorney's office screwed up when applying for my H-1B. They made a 1 into a 4 by mistake.



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  • pd_recapturing
    03-15 11:02 AM
    Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?





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  • Blondygirl
    02-18 09:46 PM
    Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???

    Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.

    I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3



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  • srkamath
    07-21 11:23 AM
    FYI:
    I don't know if this is old news but thought of sharing it anyway.

    I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.

    He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.

    Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.

    The fax number is not made available to the general public. Only attorneys have access to it.

    BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.

    What is the fax number?





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  • sandy_77
    09-16 06:06 AM
    They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.


    Hi Suresh,

    thanks for your time and effort to thoroughly answer my questions.

    I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.

    So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?

    Thanks.





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  • GCDelay
    11-30 03:21 PM
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    MatsP
    November 14th, 2007, 03:41 AM
    I don't know the Nikon story on sensor cleaning, but most cameras have a "mode" for sensor cleaning, which essentially leaves the mirror up until you switch it out of that mode.

    As to formatting your memory card, my principle is "whenever there is a problem with them". I don't format my cards "to prevent problems". Most problems are caused by "user errors", such as removing the card from the slot before whatever it's in is finished with it - e.g taking the card out of the camera when it's still writing, or unplugging it from the computer before it's been erased. Others may have other ideas of what's "appropriate" here. But formatting doesn't do anything particularly different from deleting the files on the card. The main difference is that the "root directory" is recreated by the formatting, so if there's antyhing wrong there, it will be "fixed up" by the formatting - but you usually know immediately if there's anything wrong there.

    Finally, in about 5500 pictures that I've taken, I've lost three pictures because the card went wrong. The camera said "CF error" or some such, so it was pretty obvious that something was wrong. Formatting in the camera solved the problem, but carrying a spare card is ALWAYS a good idea.

    Edit: This site seems useful. http://www.bythom.com/cleaning.htm

    I haven't cleaned my sensor ever, so I can't say if it's a good account or not [not that I have a Nikon anyways, but I don't think that really makes much difference].

    --
    Mats





    pd_recapturing
    09-26 04:13 PM
    Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?



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