Thursday, June 9, 2011

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  • eadguru
    10-31 08:19 AM
    Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
    Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.

    I appreciate your suggestions..
    ----------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints





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  • slowwin
    07-09 11:48 AM
    Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. .

    It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D





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  • ashshah
    01-18 01:28 PM
    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".

    I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.





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  • punjabi
    09-29 01:02 PM
    My suggestion is don't ask for a referral for a good consulting company.

    If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.

    They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.

    They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.

    And most of all, they do not feel any remorse or guilt at all.

    So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)

    Find an American company. They know their state laws and are afraid to commit anything against those.

    Good luck, my friend!



    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand



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  • telekinesis
    09-06 07:19 PM
    I'm a spaz, I updated my footer again :P, but its still to short of an effect and I think it would look sweet with graphics!





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  • andymajumder
    04-13 05:44 PM
    We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.

    a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.

    b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.

    c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.

    In conclusion IV should definitely support this Bill.

    S.1092
    Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.

    $20 per month.

    EB2 - PD Jan 05



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  • kghoshal
    11-22 07:21 PM
    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.





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  • Ann Ruben
    01-08 09:39 PM
    Unfortunately, your new wife cannot file the I-485 until your PD becomes current. Because she cannot file her I-485, she will not be entitled to an EAD based on having a pending I-485. If your new wife's country of birth is not the same as yours, you both may benefit from quota cross-chargeability rules.



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  • saileshdude
    03-26 03:34 PM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.

    Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.

    Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.





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  • arikris
    02-08 11:22 PM
    @sduddukuri - Can you share why H4 was denied in the first place? I am in a similar situation and wondering if MTR or Travel abroad would be better.



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  • gc_samba
    07-17 05:03 PM
    Thank you I appreciate your response

    No minimum period is necessary and firing will not have any negative impact.





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  • abhishek101
    05-17 05:50 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.

    I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.



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  • shantanup
    10-15 11:17 AM
    I renewed mine 3 months ago. Texas is a LIBERAL state after all.
    Can anybody list the states that check immigration status to renew / issue a driver's license?





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  • viswanadh73
    01-03 03:03 PM
    some where i read that USCIS follow FIFO for 485 under normal conditions. so if that is the case irrespective of PD who ever applies 485 first whose application will be processed first right? i am not sure on this that's why i asked this question.



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  • magician7989
    09-05 04:49 PM
    Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.





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  • SSSarkar
    06-24 06:33 PM
    I am also applying 485 and my lawyer told me that the passport should be valid for atleast one year.

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.



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  • caydee
    06-15 02:16 PM
    Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.





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  • unseenguy
    06-19 01:18 PM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B

    Yes but you can not work on H4, just after filing H1 papers. So what you do is, go to Chennai and get a stamp that should not be a problem.





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  • bimboywade
    11-13 10:04 AM
    No more "status changes" e.g. f1->h1, L1->h1,even h4->h1 is allowed. Only Extensions are allowed in Mexico..

    The USCIS site clearly states :

    Who Can Apply in Mexico

    * Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.

    Also Note(in blue font):

    Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.

    I'd rather prefer Canada for stamping(if these rules dont apply there) .





    mikemeyers
    11-20 05:19 PM
    Let say, I continue taking classes until i get for visa stamping, how would they know that I am taking classes other than the grades that were posted or transcript.

    If i don't take classes anymore, how wud they know I m not taking any classes?





    sundarpn
    07-07 02:51 PM
    Have a similar question. My 485 (EB3-I was filed in July 2007). Yet to be married and have to bring spouse on H-4.

    My question is around options to keep my spouse here in case I loose my H1b status.

    1. How easy difficult is it to get converted to F-1 visa?. (Does the university / program matter? I guess it would)

    2. Can the spouse start the program on H4 then convert to F-1? Can this be done quickly enough after loss of primary's H1 status? (worst case).

    3. Other thean F-1, what other options are there if primay looses H1 status (i.e. uses EAD).
    thx



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