Friday, June 24, 2011

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  • permfiling
    01-18 10:47 AM
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees

    I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc




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  • 4yourforGC
    07-06 02:21 PM
    Hi, there,

    I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?

    thank you a lot!
    :confused:




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  • Soul
    05-30 05:12 PM
    :P




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  • CADude
    01-12 01:20 PM
    This is illegal to send passport across country. Talk to Attorney. I will suggest for India trip, if required or notirized copy of passport.



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  • amar123
    07-12 04:26 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.
    Every guy thinks that his/her problem is always the biggest bottleneck




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  • meridiani.planum
    07-12 08:37 AM
    I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?

    double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)



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  • mdforgc
    02-23 05:43 AM
    I had the same experience when I was trying to arrange state volunteers for IV to meet the lawmaker, I was asked questions to the same effect.. What and howmuch of IV resources are being spent for labor backlog elimination? It is stated in the agenda on the home page. A webfax for a letter writing campaing was suppsed to start, but has not started yet. I think IV should work onputting up the letter on the site for people to use to send to lawmakers.




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  • grupak
    12-07 11:38 AM
    If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.



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  • starscream
    07-05 04:39 PM
    I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

    I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

    Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

    Anyone gone through my kind of situation before. Please send me a PM.

    I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.




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  • suresh_la
    12-01 04:31 PM
    Hi Gurus

    Here is my senario

    I am in my 6th year of H1 which expires in Aug 2007.

    I have my Labor (PERM) and I140 aprroved from my current employer.

    I would like to tranfer my H1 to different employer .

    can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)

    or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.

    I really need your advise on this issue.

    please help on this gurus.

    Thanks



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  • kirupa
    03-05 11:10 PM
    No problem Ames. I have split your entry into its own thread.

    :)




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  • chantu
    08-16 12:09 PM
    Do you know what more 'info' is? Did you ask that guy what info he needs? I renewed my PA license for 3 times. I had no problem. Just show whatever documents listed on website for people on visa or EAD.



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  • swadeshi
    08-31 12:30 AM
    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...




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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/



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  • chanduv23
    11-10 03:35 PM
    --- bump ---

    so many views but no replies yet :(

    Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.

    I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
    When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.

    The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.

    Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.




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  • kabeer_g
    01-12 12:13 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks



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  • GCwaitforever
    06-08 05:04 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.




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  • snathan
    04-08 04:08 PM
    Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)


    Employment- Based All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 01AUG06 01JUL06 C C
    3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
    Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03





    .




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  • MahaBharatGC
    10-14 01:39 PM
    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Gov: Show me the money?
    USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
    Gov: why are you not moving dates and making more money?
    USCIS: Okay we'll issue 2year EAD and accept more new apps...
    and so on...

    Well said and may be we should add to Show me the money...
    USCIS: We should implement a application storage fee for each pending I-485 which should be paid every year to determine if the person is still in work?
    Very very ridiculous!!!




    sabr
    09-19 03:17 PM
    Quick Q:

    Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?




    chanduv23
    08-01 09:49 AM
    Please note the reponse I got from service center to a query sent by the senators office

    ""
    The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""

    All waiting for FP leave no stone unturned, call, take infopass, etc

    Thanks

    I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.

    I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.



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