Tuesday, June 7, 2011

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  • Prashant
    05-28 06:26 PM
    Hello,
    I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment




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  • bank_king2003
    04-21 12:28 PM
    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

    So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???

    Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.




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  • maine_gc
    02-02 09:08 AM
    Thank you all.

    I will be looking this site every day as i did before.

    Thanks




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  • Green.Tech
    08-06 12:53 PM
    In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.

    I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.

    I am sorry to learn that your employer backed down on its contract. Thanks for your input.



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  • GCDream
    02-20 04:04 PM
    gcseeker2002,

    Can you please provide the link.

    I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :

    Total : 105960
    India : 26636 = 25.2%
    China : 8222 = 7.75%

    No wonder china is moving faster in the EB categories




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  • desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.



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  • kminkeller
    03-09 02:49 PM
    Completely valid question ivgclive. Yes it has been more than 3 years that I had EAD. Only fear that I have right now is for EAD you need to have a job at all times in case I get an RFE or any kind of notice to prove that I am working on similar job. In this economy you never know what is going to happen. You have a job now and you may not have it later. That is what concerns me a lot coz I have a family here and bought a house and other responsibilities. So I was hoping porting to EB2 was not that long process from Labor, I140 then I485. and that is why I needed to know if I need H1 to apply for Labor on EB2.

    BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.

    Thanks.




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  • bhayzone
    04-02 06:45 PM
    Hi,

    My wife is on an H4 and we're planning to change her status to F1.
    Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
    I will very soon be transferring my H1 to a new company.

    I am worried about the implications this might have on the H4 to F1 transfer.

    1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

    2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

    3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

    All advice/suggestion would be really appreciated.



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  • desi3933
    06-11 02:39 PM
    I am in my 8 yr. Have a H1-B approved Untill 2008 Dec

    Have a EB3 Approved Labor and 140 from Company A.

    Now as of today if I move to Company B ...

    Question :

    Can I get a 3 yr Extension based on Company A (140 Approved )
    that is from june 2007 to june 2010

    OR

    Do I get my H1-B untill 2008 Dec ?
    ----

    When I move to Company B is there anything that I have be aware off as
    I am planning to pally Eb2 and move the PD from company A
    My PD : EB3 Jun 2004

    Thanks Thanks Thanks Thanks

    3 year H1 extension from date of application (for example: June 2007 to June 2010).

    If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.

    --------------------------------------------------------------------
    Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.




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  • vinkrish
    10-07 05:55 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."



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  • pappu
    05-14 08:41 AM
    Good Morning.




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  • gc28262
    07-12 12:31 AM
    Are all these paper based filings or e-filings?

    I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.

    Mine was an e-filing. However my FP scheduling was quite weird.
    I had my FP scheduled for 11/13
    but my Card Production was Ordered on 11/12

    I still went ahead and gave my FP on 11/13.



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  • optimistic
    08-01 10:58 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

    Yes, she can go alone.
    The following is the list of documents that may be required to be produced at the American embassy for visa H4:-

    1. marriage registration certificate-orignal
    2. Wedding photos
    3. Wedding invitation cards
    4. Copy of labour condition application of principal applicant
    5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
    6. copy of I-797 notice of approval of principal applicant
    7. Passport copy of principal applicant (all pages)
    8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
    9. I-129 form of principal applicant-copy
    10. Principal applicants letter of offer from US firm-copy
    11. Principal applicants work experience letters-copy
    12. Web appointment receipt for interview
    13. Passport + one photograph
    14. Completed visa application form DS-156
    15. Completed visa application form DS-157
    16. Demand drafts for vfs fee and visa fee- both application and issuance

    Please check the US consulate website for a complete list as they may have changed the requirements.

    Hope this helps.




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  • gveerab
    02-23 01:18 AM
    Hey Guys,
    I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"

    One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.

    I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.

    Thanks,
    Veera



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  • conchshell
    09-17 11:06 AM
    Keep calling guys ...




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  • nashim
    09-03 09:01 AM
    Yes, medical forms been changed. Please refer USCIS site for correct form. It is valid for one year but form should be correct.

    Here are the details:

    http://immigration-law.com/
    07/13/2008: USCIS Changes Old Medical Form, I-693, Invalid Date from 07/14/2008 to 08/01/2008
    � Medical form which the USCIS designated civil surgeon is required to use was initially revised on 04/08/2008, followed by the USCIS announcement that any I-693 form version earlier than 04/08/2008 should not be used by the civil surgens from May 1, 2008. In the middle of June, the USCIS released again new version form dated 06/05/2008 and announced that the old version other than 06/05/2008 should not be used effective 07/14/2008. July 14, 2008 is tomorrow. However, without a news release, the USCIS form site extended invalid date of forms earlier than 06/05/2008 to 08/01/2008. Please now note that "Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition," according to the form site instruction.
    � There was a confusion in June 2008 on the validity of older version form I-9 because the USCIS form site instructed that the older version was not acceptable from certain date. In Vancouver, the USCIS authority confirmed that the form instruction was an error and the USCIS form instruction has since been corrected. It will help tremendously if the USCIS releases an announcement that the current I-693 form instruction is indeed correct and the civil surgeons can use the I-693 forms which are older than 06/05/2008 version can still be used. In the meantime, the civil surgeons and the immigrants should check on the date of the medical examination with the I-693 form site to protect themselves from any changes. The form site indicates that the information was updated on June 26, 2008. One wonders whether the civil surgeons may be better off to start using the 06/05/2008 version form from even now just to avoid any confusion in the future. For the new form instruction as of today, please click here.
    � There was a report one time that the USCIS was experiencing a problem in notifying all the USCIS certified civil surgeons on the form changes by email or other means because some civil surgeons did not have email addresses or proper means to receive such notices quickly. When the 2008 Tuberculosis Technical Instructions for Civil Surgeons was implemented by the Center for Disease Control and Prevension of HHS in such a notice on May 1, 2008, it could have been practically impossible for the USCIS to notify such medical form changes timely to every single USCIS certified civil surgeons. Well, doctors, you now have until August 1, 2008 to comply with the new medical form!
    � This change can be important that because of the EB-2 visa number progression for the Chinese and Indians, a large number of these foreign professionals must have already scheduled or even completed a medical examination for themselves and their family members using the older versions. Under the new instruction, these medical report should be valid and filed with the I-485 coming August 2008. However, those who schedule their 485 medical examination on or after August 1, 2008 should make it sure that the doctor uses the new version dated 06/05/2008.



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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266




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  • zigma
    04-04 07:14 AM
    All the posts that I have seen on the forum are related to what we should ask for regarding ammendments and changes to the proposed bills.

    Why don't we also offer our services in return for quick approval????

    This is part of the idea that I had a while back after listening to Prez. Bush's address to the nation. He said that the fed will increase funding to increase the number of Science and Maths teachers. Well, why don't we offer our services. Anyone working in the STEM fields shall have to work for say 4 hours a week at local schools teaching Science/ Maths, etc. We know all desis can do that. Most have an engineering background or are good at math anyways.
    This way the government can
    1. solve the teacher shortage problem
    2. provide more students (future generations) with the education
    3. can actually show that legal immigrants add value to society at the grass root level

    I am sure that we can and do much more, but most is not directly visible to the population. This has the potential to provide a big impact.




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  • chris
    02-05 02:10 PM
    Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

    Called VSC, One officer told me that they have thousands of cases pending. :confused:

    Any one got GC recently and pending with IO more that 60 days ?

    Appricaite comments and advice.




    dpp
    07-27 03:02 PM
    I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.

    I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.

    Please ask your attorney why he did like that.


    Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
    Is it OK.

    Please confirm.
    Thanks for the earlier reply.




    breddy2000
    09-18 07:43 AM
    I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
    They do get the GC very fast.I know one of my frnd who did this.
    He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
    I do not know if any other details apart from this.



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