Saturday 25 June 2011

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  • Domino
    09-14 01:24 PM
    Thank you raysaikat.
    I just see one more option-- NIW...
    Hope at least one of these would work in the end.




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  • SpookyH1Alien
    12-08 06:10 PM
    Hi Praveen

    I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.

    My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case

    Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.




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  • dharmesh.pariawala
    01-08 02:50 PM
    This gives me hope that atleast this bill will be picked by by March.




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  • Dakshini R. Sen
    06-26 11:17 AM
    Thank You Ms. Sen.

    Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?

    Thanx in advance

    There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.

    So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.


    Dakshini R. Sen
    Attorney at Law
    Law offices of Dakshini R. Sen, P.C.
    212-242-1677
    713-278-1677



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  • surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status




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  • cal97
    08-15 08:01 PM
    I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.

    This is what I know can be done:

    1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
    one case.

    2. File for a new I-140 for the older LC, wait for it to be approved and then
    file for substitution of I-140. Then the EB2 will get the older PD. This is the
    I-140 porting process that my attorney explained to me.

    3. File for I-140 and after approval file for CP.

    I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.

    Hope this helps.

    HI!

    I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

    Regards,

    USA2007



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  • MeraNaamJoker
    09-16 04:50 PM
    Having stated the above which pretains only to those cases which are still in process.

    For those who have their GC in their hand, the situation could be slightly different.

    If you do not join the company, it is considered as SHAM EMPLOYMENT.

    I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.

    GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.

    By the way, I have decided to join another company after 2 months.

    Jumping the boat immediately might cause trouble.

    So please be patient and give it as much as time as possible. I will say at least 2-3 months.




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  • surabhi
    10-17 12:28 PM
    I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

    Contract - Corp-to-Corp ?
    Contract - W2 ?
    Contract to Hire - Independent ?
    Contract to Hire - W2 ?

    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21



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  • gumpena
    08-03 10:29 PM
    I am not sure whether it is a typo ..but look at the I-765 (EAD) update is upto JULY 2...




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  • apb
    09-14 01:26 PM
    did anybody see any lud on their case?



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  • logiclife
    01-30 12:16 PM
    we can have an org slogan below the logo that says

    "High-skills employees for legal immigration".

    OR

    "Legal High-skills employees for immigration reform".

    something like that. All orgs have slogan. Compete America(www.competeamerica.org) has a slogan "American employers for legal immigration".




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  • nashorn
    12-18 03:13 PM
    You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.



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  • lacchij
    08-10 12:36 PM
    I got my receipt numbers from the checks... I issued my personal checks where checks address is different that 485 address.... I hope this is clear... Please don't worry too much...everyone will get the receipts soon...




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  • calaway42
    10-03 11:34 PM
    This is the tute i was talking about..
    http://robouk.mchost.com/tuts/tutorial.php?tutorial=pxbevals



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  • prasadn
    01-07 07:20 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.

    "Status" and "visa" are two different things. A "visa" is only required for entry to the US.
    I am not sure if the earlier denial of visa stamping will have an affect on a COS application.




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  • NELLAIKUMAR
    01-26 12:20 PM
    Who deleted it?

    I am glad that the Admins have deleted it. It really was a stupid question about a specific race...



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  • syedajmal
    07-31 03:53 PM
    Option 1 - If she has been out of the USA for a significant amount of time for which you have proof, that time can be recaptured. I did this and recaptured 7 months. And Yes she can work for the time recaptured.

    Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.

    Hope this helps




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  • kondur_007
    09-24 12:06 PM
    All they said was that you do not have enough ties in India and you will work there.
    It sounds very lame to me.

    It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).

    I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.

    Good Luck.




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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.




    gc_chahiye
    07-11 08:03 PM
    What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

    They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

    Does that make sense.?

    I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).

    One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...




    smartboy75
    11-02 02:25 AM
    next time make sure only news pertaining to smartboy is posted...all else can wait...hail smartboy
    cjain...

    Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...

    I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...

    Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...



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