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  • illusions
    04-21 02:42 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.

    Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.




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  • youngindia
    06-08 01:27 AM
    Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.

    H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.

    When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.

    The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
    As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.

    Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.




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  • gc_on_demand
    04-06 10:34 AM
    Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
    The whole thing is written as if June 2007 happened by mistake, I dont buy that.

    If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.

    But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.

    Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.




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  • gc_chahiye
    07-20 03:49 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?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.



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  • ita
    01-29 01:45 PM
    Hi,
    My pay on the employment letter given by my company is 10k more than wat is on my W2's.

    My employer said it shld not be a problem as the W2's are for previous years and the employment letter is dated as of this year.

    Is this fine or will there be in any problem with this.

    Thank you.




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  • brb2
    04-02 11:43 PM
    Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:

    http://darwin.nap.edu/execsumm_pdf/11463.pdf

    Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.

    IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.



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  • eyeopeners05@yahoo.com
    06-02 03:00 PM
    thanks guys...

    what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.

    One option is to do a h1 thru one of the desi employers and then join as a consultant.
    Are there any other options ?




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  • pkv
    01-07 06:13 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?



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  • prem_goel
    12-03 10:15 PM
    Many congratulations. I will appreciate if you can share your experience in detail.
    1)The documents you carried along with you.
    2)Hotel where you stayed
    3)Did you have the tourist visa for mexico?
    4)Did you get H1B for 3 years or less?
    5)Questions VO asked.

    Thanks.
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.




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  • brb2
    08-10 05:14 PM
    The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.


    Full press release:


    http://www.whitehouse.gov/news/releases/2007/08/20070810.html



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  • BEC_fog
    07-04 12:13 PM
    Could someone please post the article here?




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  • msp1976
    02-09 01:06 PM
    I would not say that suing USCIS is of no use...It does have its own uses....

    Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...


    For all 'lawsuit oriented' people ...This is some educational material...
    Some people already sued the USCIS and their attempt failed...
    Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
    If you want to try suing please read all this.....

    http://www.immigration.com/litigation/I-485_litigation.html



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  • ocpmachine
    07-06 04:41 PM
    Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.

    Good luck

    HTH

    kris

    Kris,

    I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.




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  • little_willy
    08-25 03:16 PM
    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.



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  • zCool
    04-13 06:36 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.

    Lawyer is correct. letter needs to be from future employer.
    EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..




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  • nareshg
    10-05 06:01 PM
    they responded today to USCIS, nothing much here I guess...

    one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.



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  • DDLMODES
    07-09 10:01 PM
    Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?

    Dude, is not strange for USCIS. I know a guy who has the approval for 6 months and the case is still in process online.




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  • Ramba
    07-27 03:31 PM
    In very rare ocassions people get to know that their 485 is preadjudicated.

    Check out this case
    http://immigrationvoice.org/forum/344724-post54.html

    Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)

    The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.




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  • binadh
    10-06 09:40 AM
    Your's is crossed 15 month stage, so you can ask your lawyer to enquire about it...

    Hope fully DOL will approve yours soon...

    Good luck

    Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?

    I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.

    Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.

    Thanks.




    BEC_fog
    07-04 12:13 PM
    Could someone please post the article here?




    gapala
    04-20 11:46 AM
    Hi,

    My in-laws came to US last Firday along with my kid who is a US citizen.

    Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.

    What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..

    Any help is appreciated

    Did you check the I-94 attached to passport? I-94 will have the date until... as that is what allows them to stay in the country.
    you should find it on I-94, if it is not written along side stamp on passport.



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