Monday, June 13, 2011

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  • snathan
    05-08 10:23 PM
    We are all paying tax for years and the way USCIS works...we would get the GC only by next birth. This is very ridiculous rule.





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  • dil_ip3
    02-25 10:57 AM
    My wife wants to move from h1b to h4 status.

    Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

    What is the procedure to come back to H4.

    She already has H4 Stamping valid in her passport (until August 2009).

    She does not have H1B Stamping on her passport.

    My H1B status is perfect with all paystubs.

    Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

    I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

    Would there be any problem in coming back on H4?





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  • div_bell_2003
    01-09 04:40 PM
    USCIS will give you 2 years EAD if there is no visa available for you i.e. if your PD is currently retrogressed, although we got 2 years EAD in August 08 when our PD was current, which gave me a fair enough reason to believe the "no visa left for EB2 I/C" news that was floating around then :)


    What conditions to be met for getting 2 years renewal? Anyone...
    I am about to send my package to lawyer for AP/EAD renewal, URGENT!





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  • svr_76
    02-24 10:34 AM
    Earlier administration was selling to external entities...atleast the new adminstration is selling to citizens... so its kind of a good change.



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  • cdeneo
    06-07 04:03 PM
    Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?





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  • vnsriv
    07-20 03:32 PM
    Can you not get a letter from your church/temple in India?
    Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.

    Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.

    Excerpt from US Embessay

    Religious Ceremonies
    In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

    If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.



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  • shaileshkaria2525@hotmail
    12-15 10:48 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?

    Regards
    I am a Chartered Accountant myself with a B. Com and a three year law degree and over 15 years experience but despite a clear reference in the transcript that the CA degree is equivalent to a master's degree and one would qualify to enroll for PHD with a CA degree, my lawyer advised against filing in EB2 and so my GC process is under EB3 category. I also had the evaluation stating that the Chartered Accountancy degree is equivalent to a master's degree.

    I would strongly recommend that you should consider filing in EB2 category. But the lawyer has to be comfortable with the filing and theirs must be a reputed law firm as it carries tremendous weight.

    But, unfortunately whether you file in EB2 or EB3 it's gonna be a long long wait!!!

    Good luck!





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  • reddog
    06-18 04:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.

    Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.

    Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
    Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
    Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?

    I still do not know why would you want to work thru a different Vendor?
    Is this a Preferred Vendor issue?
    I mean, if you are anyways going on an AC21(assuming you are one of us :))
    why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.

    And finally, if the Non-compete is between the Client and the Vendor, why are you worried?




    someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

    Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant



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  • Refugee_New
    06-13 10:25 AM
    Sorry to hear your situation. Not yet got GC ,inspite of your PD is current ..... consult senators and congraswoman Lofgren.

    BTW sorry to ask ,why your login id Refugee... You are not REFUGEE, you are highly skilled professional , paying heavy tax ....

    Yo are very true. But unfortunately we are GC hostages.

    Anyway i will contact local senator and congresswoman now





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  • starscream
    03-24 04:19 PM
    Have you hear anything from your appeal? Please let me know.
    Thank you.


    Aura M/Hassan 11,

    I am assuming that when you guys say appeal - you mean request for review (RFR) for the LC that got denied. My LC was denied in November 06 and my employer's lawyer filed a Request for Review (RFR )because the said they were absolutely sure that DOL had denied the LC in error. Well, DOL approved the RFR and my LC was approved in Jan 08 - YES it took 14 months. The advantage is that if RFR is approved the priority date can be maintained. The lawyer's had told me that it does take a year for RFR to be approved (of course at that time nobody expected that the Pdates would become curent in summer of 07 so I missed that bus) - but anyways now I can maintain my original priority date.

    From whatever I have read online it seems the lawyers have to be absolutely sure that the LC is denied in error by DOL to expect any positive reply for the RFR.

    Best of luck to you both!!



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  • srinu
    11-07 10:12 AM
    That's true.

    Even if many attorneys are listed at one place and there is a provision to provide feedback for each of them, I don't see any feedback.

    Looks like most people want others to help them but don't want to help others.





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  • boreal
    09-07 11:32 PM
    OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks

    Can this thread be made sticky please OR moved to the top of the main page so that over time we can get some estimate of correct numbers?

    Thanks in advance,
    B



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  • mambarg
    09-20 05:38 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?

    If they do not accept 485, we do H1 renewal, if they do accept 485, we do EAD renewal. But EAD renewal is easier and involves only employee and gives enough freedom. H1 does not.

    So All H1 holders till July 2007 , will no longer renew H1's ?





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  • a_yaja
    01-08 08:06 PM
    If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).

    You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".



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  • PD_Dec2002
    08-27 05:00 PM
    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?

    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).

    Thanks,
    Jayant





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  • dixie
    09-27 12:45 PM
    http://www.amazon.com/Flight-Capital-Alarming-Americas-Brightest/dp/0891062025

    This is an excellent book .. a must read for all those xenophobes, restrictionists and lawmakers who believe we steal american jobs.
    Wonder if contacting the author David Heenan will be of any help ?



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  • amitjoey
    12-12 03:41 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.


    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.





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  • vipul_pandey
    12-11 02:37 PM
    iv heard that it's taking long for extensions. some people I know of are waiting for over 3-4 months - although for you it seem to have taken even longer. If i were you - I would get it upgraded to premium. My extension got filed under premium and I got my approval notice in 15 days (as usual).





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  • redcard
    07-16 09:27 PM
    Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
    I quizzed them about July 2007 revised visa bulletin etc.

    He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
    ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

    :-) May be NSC approves application :-) as practically NO ONE can stop them..

    Again this is based on my call to actual live human being at NSC..


    I doubt this very much to be true...in case it is.. USCIS has a big problem in their hands.. they really need to clean up the house.. before the shi** hits the roof..





    EB3_SEP04
    06-30 09:48 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.

    Thanks

    You will need to send your application to TEXAS because you live in NJ. It does not matter 1. where you sent it last year 2. what service center approved it last year 3. if your EAD card # starts with LIN/EAC/WAC.

    Please do not get confused, stick to what the latest instruction document says:
    http://www.uscis.gov/files/form/I-765instr.pdf





    roseball
    07-16 05:40 PM
    Yes, NSC DOES accept 485 applications....



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