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Monday, June 20, 2011

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  • swashbuckler
    06-17 12:00 AM
    Hi,

    This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

    1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

    2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

    Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

    Regards,
    swashbuckler





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  • tonyHK12
    10-11 12:58 PM
    minor correction, the bill number is S.1085. The thread heading says S.0185, which is actually rhode island medical marij***na :)..... well, its supposed to be a good pain killer.





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  • BadDeal
    05-22 03:35 PM
    It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

    I have started the following thread

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

    Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

    I am fine with any of the above.

    We can continue with the current thread.. Can you please prefix "Tracker:" to the thread's title.

    Thanks!





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  • logiclife
    03-24 03:00 PM
    Assuming that those numbers are wrong, you think they will listen to our request and correct it? No way.



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  • sharadara
    09-01 12:05 AM
    Hi,
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada





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  • Dhundhun
    11-21 06:11 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.

    I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.

    If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

    Good luck



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  • izolo
    06-07 06:26 AM
    first sorry for multiple posting, it was by mistake as it was the first time posting. then thanks for the answers. Of course it is a real job with real payment, just remember my application goes back to 3 years ago and and I finally got it with lots of efforts to keep this opportunity. I never thought they might give the visa just for 3 months. now I have to think about all options. Does anybody have any other suggestion?





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  • LongJourny
    01-22 12:10 AM
    Hi,

    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
    I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.



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  • bondgoli007
    08-01 12:59 PM
    Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .

    1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.

    2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.

    This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
    Hi chmur,

    Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.

    http://www.govtrack.us/congress/committee.xpd?id=HSJU

    I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....

    All the best IV!!





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  • rama0083
    03-07 12:41 PM
    My wife, who has been with me in the US since 2005, re-entered the US (after a vacation in India) on an H4 visa on JAN-18-2008 but the immigration official at the airport wrongly stamped the entry date as JAN-18-2007? The entry date on the passport is also stamped wrongly as JAN-18-2007. How big a deal is this? The expiry date of the visa is stamped correctly as Nov-2009. I read that the place to get this corrected is the US Customs and Border Protection Deferred Inspection Site where she entered (Chicago):

    http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    But when I called the office I got voice-mail. Is there any other way to get this corrected?



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  • Lasantha
    07-31 07:28 AM
    For evaluations try Sheila Danzig at http://www.thedegreepeople.com/

    From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.

    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • WeShallOvercome
    11-05 12:59 PM
    All of you who could not apply for your spouses for any reason and now facing retrogression:

    Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.

    ==============
    Example:

    Your PD = May 2005 EB2

    July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.

    You have about 15 days to prepare your spouse's application and also get his/her medicals done.

    Send it out on June 30th to be delivered on early morning July 1st 2008.

    This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.

    ==============
    If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....

    I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..

    ==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====



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  • bbct
    02-11 08:05 PM
    http://www.thedegreepeople.com/eb-petition.html

    So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.

    I get a message "Remote submissions are not allowed."





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  • thomachan72
    04-18 07:17 AM
    one of my friends.
    Premium processing, general (non-masters) catagory got email notification for reciept of his application yesterday evening.



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  • signin241
    07-24 07:49 PM
    Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??

    In the first case if I proceed as of now and when I get an RFE, what should I do ???


    Thanks





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  • mast_mastmunda
    11-10 06:13 PM
    Thanks again for the reply and wishes!!

    Also sorry for another question as I forgot to mention this earlier.

    My new H1B has more than 6 months of validity period.

    One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
    Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

    Employer "A" I-797 receipt #:
    EAC - XXX-XXXX
    I-797 valid : 0ct' 2009

    Employer "B" I-797 receipt #:
    WAC - XXX-XXXX
    I-797 valid: June' 2010

    As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

    Appreciate your help!



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  • thamizhan
    07-17 10:17 PM
    CHEERS TO AILA, AILF AND IMMIGRATION VOICE
    Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.

    Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.

    Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.





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  • glosrfc
    01-02 05:44 PM
    Are you considering actually creating something in AS1?

    :)

    I already have something in AS1 that fits the guidelines of this competition perfectly!





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  • gapala
    03-31 01:26 PM
    take that dispute report and go to your local police station..

    I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.

    if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...

    If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.

    Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.

    Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.

    Good luck.





    gcformeornot
    01-22 03:22 PM
    Hello,


    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




    Thanks!
    Daniel

    can apply for your family based green cards only after she is 21 years old.





    man-woman-and-gc
    03-26 08:43 AM
    I got another CRIS email today. Can anyone tell me what is the 'standard processing' mentioned in the email below?
    Anyone else know what this means for the status of my application?

    Thanks.


    -----------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LINXXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)



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