Thursday, June 9, 2011

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  • LostInGCProcess
    02-05 06:11 PM
    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.

    Wow!!!! well said and very encouraging. That's the spirit with which everyone of us should move forward, i guess. :)
    Life is too short to worry too much on things (like GC, AC21)...Make the best use of each and every day!!!





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  • psaxena
    06-25 02:33 PM
    Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.

    Excellent initiative ! Let's do it !





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  • akilhere
    09-02 10:11 AM
    I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.





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  • roseball
    12-27 06:17 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.



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  • StuckInTheMuck
    03-09 09:50 AM
    For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.

    A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).

    [ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]

    Cheerio,
    Stuck(no longer)InTheMuck





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  • santa123
    09-10 08:02 AM
    http://mumbai.usconsulate.gov/cut_off_dates.html

    :mad:
    :mad:
    :mad:



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  • s_r_e_e
    08-20 10:42 AM
    Hats off to you guys.





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  • saint_2010
    08-13 04:15 PM
    Mine reached at 11:34 am & signed by B GERKENSMEYER - Nothing so far.

    Why you should file again ?


    Same here...mine was signed by GERKENSMEYER AT 11.34am



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  • kak1978
    02-09 09:22 AM
    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.





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  • theMan
    01-12 09:16 AM
    If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.

    Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.



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  • GC_1000Watt
    01-05 03:02 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?

    This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
    I will appreciate your thoughts on this.





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  • purgan
    05-25 09:39 AM
    please post the names and email adddresses of the authors....so we can all contact them.

    Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.

    I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
    90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
    exists...

    Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??



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  • hsd31
    03-20 10:18 PM
    Thanks for the replies... I will appreciate some more advise from other members on this situation.





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  • satishku_2000
    07-19 11:46 AM
    Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??

    tnx.


    Boy, you cant wait for EAD ...:) I don't blame ya for that, I think in case of July 2nd you should count from the date when your check gets cashed. In case of July filers we should not be surprised if EADs and APs take more than 6 months being on cynical side.



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  • ItIsNotFunny
    01-20 02:19 PM
    Hi ItIsNotFunny,

    Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.

    Thanks,

    Sent you PM.





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  • whoever
    07-20 01:56 PM
    we did the same. it seems your marriage in india was just marriage ceremony and not legal marriage.



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  • augustus
    08-09 11:03 AM
    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.





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  • h1techSlave
    07-10 10:12 AM
    My opinion is that there is not much point in looking for a different country. Most of us have been in the US and have developed some kind of roots here already. So GC is needed and we deserve it.

    If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.

    Cheers,
    h1techSlave





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  • bekugc
    03-05 06:58 PM
    pls respond... thanks ^L^





    GetGC08
    05-10 04:45 PM
    Hi All,

    I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

    After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

    My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
    I am asking this because I want to be prepare if any RFE come regarding this issue.

    I will really appreciate any kind of response/guidance in this matter.

    I really need solution for this problem.

    Thanks in advance.





    mpillai
    05-08 09:40 PM
    Many qualified for EB1 need not necessarily be already in EB1.
    Possible reasons are:
    1. Unawareness at the time of filing (just followed what attorney said).
    2. Was not in a hurry for GC, so just followed attorney.
    3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
    4. The job requirement at that time didn't need an EB1-qualification.

    You will be surprised to see how many PhD and MS candidates and researchers are in EB3.

    just wondering
    How gaining so much experience or education is possible in such a short amount of time?
    No , I'm not jelous or anything. Please don't misunderstand.
    EB1 requires very high education. Right?
    just wondering. I 'm ready to work hard. Just need direction?
    How people do it. Do they take a MBA/PHD?
    Thanks



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