Monday, June 13, 2011

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  • VivekAhuja
    07-08 07:09 PM
    It all depends on how good you really are. If you are excellent, any company (desi or not) will do anything to keep you.





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  • zerosine
    06-25 01:33 AM
    Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.

    Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.

    Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?

    Thanks for your help in advance.





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  • Blog Feeds
    04-26 11:30 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





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  • canleo98
    01-11 06:44 PM
    As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.

    Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.



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  • sanjay02
    04-17 01:48 AM
    Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.

    Also the insurance companies have different requirements which you need to confirm with them.





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  • reachag
    12-27 11:00 AM
    anurakt, thanks for the update.

    There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.

    The caption should be catchy and should convey the info....some thing like "by the people and for the people".


    update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)



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  • msp1976
    12-22 03:42 PM
    How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.

    Kinda imperfect science...
    Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....





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  • vkannan
    08-14 07:26 PM
    i was given a red dot as well.. jus coz i started a thread on Oct Bulletin - discussion! with a gracious addressing .. as A.hole!!! what one earth i did to deserve that..
    so anyways...I dont care a **** but this is imperialist

    After seeing the Sep bulletin rightly so ppl. who are struck with unfortunate EB3 category are frustrated, your post came at the wrong timing.....just to chill you off I gave you green enjoy....



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  • nb_des
    02-13 10:17 AM
    i spent around 3000$ for studies, could get only 2000$ under lifetime...

    is there anyway i can claim the entire 3000?

    I don't think you can use both lifetime credit and tution deduction. Lifetime credit is a credit applied directly to amount of tax you owe and tuition deduction reduces your taxable income. You can use only one ( whichever gives you maximum benefit).





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  • senthil1
    08-02 10:00 AM
    This a good beginning to pass sub commitee in House. Chances are more in passing house if it comes to floor. Will it come? Actually anti immigrants were late in reacting sub commitee but they are targeting Senate more aggressively than house. Might be their aim is to filibuster in Senate with a few Senators.Time is a problem now. Only a few weeks are available before dec. May be if they cut short debates it is possible to pass as law. Looks like house leadership is determined to pass. Still the house bill tells that implementation will be on next fiscal year. If the bill is signed as law after oct it will be implemented on oct 2009 unless they change the date


    Congress has gone into unscheduled recess till Sept 8th. Then it'll be too close to elections. Once new congress is seated, all bills introduced before then will not have any standing. So, let's be realistic and not get too excited.



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  • poorslumdog
    10-11 06:05 PM
    That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?





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  • keith_in_us
    04-11 07:03 PM
    Hi,

    I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!

    I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.

    Thanks!
    Keith



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  • bbenhill
    02-27 02:48 PM
    either way .. you can not file because I485 because ur PD is 2008, so need to wait for awhile (not sure when). please check visa bulletin every month. if it reach your PD then you can file for I485.

    ps : give me green if this helps.

    Thx


    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris





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  • sagittarian
    12-19 10:32 AM
    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.



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  • s416504
    08-13 08:26 PM
    I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.





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  • black_logs
    11-07 03:50 PM
    Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
    This is the 'A' of ABCD of Labor application if your employers doen't understand it than......



    Folks,

    I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.

    My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.

    Labor approved
    Applying for I-140
    Priorty date 10/2002
    ROW

    Thanks again



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  • saketkapur
    04-11 06:39 PM
    dude I am in a similar position.....got laid off on march 27th.....got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......

    Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD

    Is your case in TSC?
    Are you US educated?
    Did you file G28 recently?

    Just trying to find a pattern here.........

    regards
    Saket





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  • invincibleasian
    03-02 12:22 PM
    Hi All,

    I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.

    I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.

    Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.

    I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!

    This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.

    Only thing though is my wife would need to attend interviews.

    Any suggestions/feedback will help me and all other people in this situation.

    Thank You,
    The 116

    Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!





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  • apahilaj
    09-12 03:25 PM
    thanks guys,

    I'll wait this week and will give them a call next week.





    Sakthisagar
    07-23 11:55 AM
    India develops world's cheapest 'laptop' at $35 - dnaindia.com (http://www.dnaindia.com/india/report_india-develops-world-s-cheapest-laptop-at-35_1413493)

    New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.

    Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.

    "We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.

    He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.

    Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.

    The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.

    India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.

    PC Magazine Reports as under

    Thanks in large part to the success of Apple's iPad, tablets are, for the first time in their long history, well on their way to becoming a mainstream electronic device. With prices starting at $499, however, Apple's device is still too expensive for many to seriously consider its potential as a secondary computer. A new prototype from the Indian government, however, may slice the price of tablets down to a fraction of that.

    The government has announced pans to create an educational tablet priced at $35. The device, which will offer a number of basic computing features, such as a Web browser and video conferencing, is set to be made available to Indian students some time next year.

    The government is attempting to push the device's price down to a fraction of that, with an ultimate goal of a $10 tablet. "We have come out with the device at Rs 1,500 ($35) and now we invite individuals, entrepreneurs, firms and industries to produce the device as cheaper rates than this," Kapil Sibal, the minister of the country's HRD educational department told The Business Standard.

    In other words, there hasn't been a manufacturer that's been named for this device, just a prototype and a tentative business plan. That's hasn't always worked out as planned; the history of a similar $100 One Laptop Per Child was plagued with delays, with executives later hoping to exit the business entirely.

    India's Government Unveils $35 Tablet Prototype | News & Opinion | PCMag.com (http://www.pcmag.com/article2/0,2817,2366895,00.asp?kc=PCRSS03069TX1K0001121&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ziffdavis%2Fpcmag%2Fbreakingn ews+%28PCMag.com+Breaking+News%29)





    qualified_trash
    12-12 03:43 PM
    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
    very true!!



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