Wednesday, July 20, 2011

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  • perm2gc
    08-23 03:41 PM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
    When you have chance to use EAD and AP..it is always a good option as you can recapture time on H1 if something goes wrong in later stage of GC process

    1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

    As long as you have valid visa stamp..no problem.(H1 aprroval will not make any effect.)

    2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

    If you are entering after April2007 and your current visa is expired then you have get VISA STAMP otherwise you can enter on current visa


    3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007? Yes you can.

    Above replies are my personal views only.Please consult your immigration lawyer





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  • pappu
    07-21 10:16 AM
    You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
    Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.





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  • Lisap
    08-03 12:30 PM
    Libra-

    I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....





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  • indyanguy
    07-16 10:42 AM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.


    Interesting. My Labor says
    14) Education BS,
    Years of experience 3

    15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

    I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?



    more...


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  • WaldenPond
    12-31 08:51 AM
    In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
    http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
    With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.





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  • snathan
    04-14 08:54 PM
    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?

    What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.

    You have created six threads with the same question and getting the same answer. Please use your brain.



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  • bhasky25
    10-11 12:45 PM
    Hello guys,

    I need a clarification on the process. Here is my scenario

    1. PD : Feb 2004 EB3 India
    2. 485 : Filed during july 2007
    3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
    4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
    5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
    6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.

    My question is:

    If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.

    Appreciate your insight.





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  • gcformeornot
    08-21 10:59 AM
    Is this anything to do with PD?

    please poll here to add your vote...

    http://immigrationvoice.org/forum/showthread.php?t=12603

    sorry if did already.



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  • unseenguy
    06-22 07:33 PM
    ...and the boss goes back and continues eating samosas :)

    Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.





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  • plshelpme
    09-22 12:04 PM
    my labor is in audit. how long does it take to clear?



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  • kate123
    09-24 02:01 PM
    excellent.. if this happens!!!!

    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.





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  • VisaExpert
    08-18 04:53 PM
    The above blog doesn't have up to date information. I had my visa appointment last month and it went very smooth. I felt confident too not only about the interview but also about the surroundings......thanks to the blog below.
    H1B Visa Stamping Tijuana, Mx (http://www.tijuanah1b.blogspot.com)



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  • eb3India
    03-09 09:03 PM
    I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards

    it just does'nt make sense, yes ofcourse reforms is dire necessity





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  • petersebastian
    04-01 01:59 PM
    Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...



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  • randomdude
    12-07 12:11 PM
    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.

    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question





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  • Alabaman
    05-18 07:16 PM
    Good job! However, like I and some other people on this forum have mentioned before, there is the need to de-emphasize our course as an Indian course. We know the majority of people in the GC process are of Indian or Chinese origin but we should recognize we need an all-inclusive approach to this struggle.

    I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.

    Just something to think about!

    Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!

    One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.

    Just a thought,



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  • gc_bulgaria
    10-09 04:59 PM
    I agree - the post is a little erroneous. I'll try change it.
    Cant change the thread title ... Sorry





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  • martinvisalaw
    06-29 10:32 AM
    You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.





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  • dilipb
    04-21 04:38 PM
    Wow!





    kaisersose
    07-27 11:30 AM
    Guys�

    Urgent advise is required.

    My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:

    a) I moved to a different state and, (My work location on PERM is California).
    b) If I will be getting less salary than what�s mentioned on my PERM

    Thanks much,

    a) As long as the company Head office does not move and that is where your Labor was filed, you are OK.

    b) You can get lesser salary now. But if USCIS interviews you, you should have an offer letter with salary greater than or equal to PERM salary. In other words, your employer should not pay you lesser than PERM salary once you get the GC. of course, marginal differences may not be a problem.





    needhelp!
    03-10 03:00 PM
    What is FOIA?
    Freedom Of Information Act

    See this: http://immigrationvoice.org/forum/showthread.php?t=22037



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