Tuesday, June 14, 2011

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  • redddiv
    07-16 08:53 PM
    I agree with this idea.

    I think IV did great today. BUT
    lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
    So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
    I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
    This is time to be calm, AND YES DISCREET!!!!

    Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?




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  • waitnwatch
    05-30 01:36 PM
    I understand if someone was stuck in BEC, we all got s****ed with that.
    But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.

    PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.

    I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.




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  • go_guy123
    04-19 12:08 AM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.

    in 2007 fellow indian international students in Canada used to get loan from
    https://www.isloan.org/faqs.htm

    but in 2008 that was closed. However you can call and find out from them.
    With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not




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  • sr123
    02-11 10:13 AM
    As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)

    Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.

    So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.



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  • franklin
    07-20 02:30 PM
    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

    Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.

    But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.




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  • va_dude
    03-22 08:37 AM
    I did travel back in Dec-Jan to India and back, and just like you we used the AP to re-enter.

    I also am working using my EAD and not H1b. And have switched employers using AC-21. I did send in papers to uscis regarding my Ac-21, but none of that really came into play at the washington dc airport.

    We weren't asked anything related to our employment - no letters, pay-stubs, etc. All they looked at was the AP and that's it.

    I think it is safe to travel for you too. The fact that you have switched employers is completely legal. It might be wise to take the AC-21 memo and old and new pay stubs along with you.



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  • nozerd
    12-04 07:32 AM
    Yeah, Id sure be interested in your line of work

    $ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.

    If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)

    Best of luck




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  • shortchanged
    08-03 06:43 PM
    From my experience None of these issues matter.
    I had I 140 approved in 02/06, no A# on the approval notice.But before approval, I had an RFE on this I-140, with an A#, on that notice, the same A# I had used for I-485 application form.But when I got the I-797 NOA for this AOS, it had a different A#,(July2 '07filer).
    When I did not get reciept even by August 16'07, I filed a 2nd I-485, eventhough many people including Ms.Murthy advised againt it.I just did not want to miss out the window of opportunity of July Fiasco.
    So I have 2 485s pending,I did finger printing for the July2 filing, never got FP notice for the second filing.My wife and son did FP for both I-485s.
    I too was worried about these things, and was expecting RFEs on all these and medicals etc.
    But on 8/1/08, I have got CRIS email with 3 messages for Card Production Ordered for me ,my wife and son. I still do not know what shall I do with the 2nd 485.Also I have appointment for FP for efiled EADs on 8/5/08, which I may not go at all, if I get the snail mail tomorrow.
    As usual there is no logic, pattern, predictability, rhyme or reason with USCIS business.I am just relieved for now that most of my major worries are on pause for now.



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  • Munshi75
    04-07 11:00 AM
    I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards




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  • krish2005
    11-09 06:18 PM
    That would be the view of Dr BalKrishna Matapurkar.

    There is no accepted literary evidence to support his views. If so, please point me to that

    Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.

    "It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."

    Maybe some support.. :)



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  • ss1026
    04-10 03:56 PM
    163,000 applns for general and more than 31,200 applns for advanced degree.


    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.

    I read this as saying this....
    The 163k number includes the advance degree number. So it is 132K for general and 31k for advance




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  • maag
    09-27 10:56 AM
    I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.



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  • fromnaija
    07-20 05:32 PM
    Thank you!

    http://www.insvisa.com/faq/department_state.htm#15

    not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa




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  • delhirocks
    06-21 01:20 AM
    I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
    I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
    The above is just my theory. I could be totally off, so don't come to any conclusions.

    I agree...



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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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  • GCAmigo
    12-04 09:16 AM
    you should in fact thank the system for letting you to continue on H1 ..



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  • honge_kamyaab
    11-15 12:07 PM
    Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.

    Also answer depends on number of questions.

    1) What is your current nationality

    2) Do you have expired H1 B stamp in your passport ?

    1. I hold an Indian passport

    2. My H-1B visa stamp expired

    3. I have a valid I-797 till 2008.

    4. I have a Canadian PR and yet to land.

    I tried nvars.com and found none in Nov and Decemeber




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  • logiclife
    06-22 12:52 PM
    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?

    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?




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  • Soul
    05-27 05:27 PM
    :P




    Becks
    03-22 07:09 PM
    You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.

    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?




    walking_dude
    11-25 06:01 PM
    To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.

    It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.

    I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)

    Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.

    If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.

    If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.

    I am confident that we will make it a success with your support.



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