Wednesday, June 15, 2011

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  • Ahimsa
    01-30 12:53 PM
    Does all this mean that if you have an approved LC it will only remain valid for 45 days?!
    I am waiting to file my I-140 until my PD gets closer because I don't want to risk my daughter aging out.
    EB3 with PD June 03
    No, 45 days condition is not for "to file 140 within 45 days of labor approval"
    But it is for the company to substitute the LC for some other employee within 45 days.

    There is no time limit set to file I-140 for the employee for whom the LC was issued.





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  • diptam
    08-25 12:35 PM
    ICICI is good at advertising false figures (with our money of course) and SBI is little delayed in updating their websites - does that solves the equation :)

    SBI rate is 43.21 for $4001 but i'm sure that's not latest because the website is not updated hour by hour ( like ICICI/R2i/C2i at least do for AD) but I've seen honesty in SBI's dealings when they actually convert $ to Rs. Even if the website shows lower rates they converted my money with higher rates because the market rate was higher during conversion.

    As per today $ conversion rate is ICICI offering 43.28 and SBI is offering 43.16,if you transffer more than $2000. So ICICI offering better rate.

    Praveen.





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  • wikipedia_fan
    03-30 02:56 PM
    Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.

    Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial

    Thank you. I am trying to find out if people have got denials in spite of going through the NOID process.





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  • whoever
    02-07 04:51 PM
    can someone draft a template like the nurses letter to congress for us with subject "Please provider retrogression relief for Employment Based Immigrants." and the body of the letter with the provisions and proposals including "recapture of unused visas". I feel the nurses will deplete our unused visas by recapturing unused ones several times and we may not have that option anymore.



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  • vbkris77
    04-27 03:14 PM
    Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..


    ``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;

    ``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and

    ``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.





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  • vikram2101
    08-22 03:28 PM
    I like your response, really -- I think it's frank and hits upon what it means to be Indian at heart.

    BUT, when one makes a decision to immigrate - he/she's not just making that decision for himself - but also for his/her spawns and the future generations to come. Is it fair for us to rob them of (well, i know most american born desi kids don't care a rats ass about going/being in India) - what it feels to be an Indian at Heart? what it 'Really' feels like to be watching/talking cricket/movies on 'em gullies, what it's like to be eating gaadi chaat, what a festival should really feel/look like .. and a bunch of other stuff- -that happens only in India.

    not trying to discount anyone's opinions .. it's just the internal dilemma that needs addressing

    Ofcourse, the world is getting smaller - faster than ever. The next generation of american born desi kids may well be more desi than their indian counterparts .. some food for thought :rolleyes:



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  • caliguy
    10-30 07:48 PM
    @ ndialani

    Sorry, should have put in a note for all you guys. Yes, have a copy of your 140 (that you think should be used, should be the one with the earliest priority date) & 485 receipt. Heck, I even kept a copy of my labor approval in the car.

    I think you are almost there. Good news should be around the corner for you. Having said that, please be persistent. I think if the first IO you talked to put in the details in the system, your case will be reviewed by the IO but dont leave anything to chance.

    Like I said in the earlier post, you dont lose anything by calling except for a couple miutes of your time. It's so much better than talking to some retard from Customer Service or spending hours commuting for an Infopass appointment which doesnt get you anywhere.

    Keep the faith and good luck!

    Thanks Caliguy for all your help.
    I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
    First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
    I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Reciept,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
    After 30 minutes of searching, i found my approved I140 from 2006.
    I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
    I explained my situation again and gave him all the info .He even asked my contact phone no.
    i gave it to him.
    I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
    Should i call on Monday.
    Man! this weekend will be a GRIND!
    I wish , i had the I140 handy.
    So all of you there,
    Learn from my mistake...please have all the documents with you....you never know, what they will ask for.
    Thanks again Caliguy!!!!





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  • ilikekilo
    04-09 01:57 PM
    Sameet,

    I know it is a weird question. But I'd still go ahead and ask it.

    What documents that USCIS expects for a scenario like this?

    My situation: My wife still hasn't weaned off nursing completely.
    My child is 1 year 3 months old. My wife got an RFE for TB test.
    Plus she is in India currently.

    Would sending the birth certificate of child be enough to prove the existence of 1 yr 3 month old child? OR would USCIS requires doctors's input also? O do they require anything else to prove baby is still being nursed.?

    Thansk for your response,
    GCisaDawg



    i will go ahead and give my take on this based on my experience

    1) some doctors DO NOT give a waiver since they think its OK to take a TB test during pregnancy itself, let alone not taking after child birth. so call the doc b4 you go.
    2) I believe as long as the doctor gives you a blanket waiver it should be fine, thats all the proof you probably mifght need..

    I dont think USCIS is so crude to go into getting excruciating evidence in these type of situations...good luck;)

    I would call the USCIS if first off , they could give you more time..saying that she is traveling....if not get a blanker waiver..



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  • h1b_alex
    03-29 04:58 PM
    @bugs
    Yes i do have the entire H1B application in originals with LCA and offer letter from employer

    @HRPRO
    Yes friend i have decided to go back , and i am not looking anymore i will rather have this energy saved for myself finding jobs in my homeground again

    However does anyone have the first hand experience of reporting to DOL, please share your experience too with the kind of paperwork that should aid your application.





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  • bikram_das_in
    05-12 05:26 PM
    1) having gc is a privilege not a right.

    If you bring in a worker with a path to citizenship and make the laws so ambiguous that even after 10 years he/she does not know when to reach the destination in that path is a violation of basic human rights.

    2) US has every right to choose whom they want to have in their country.

    The choice kind of goes back and forth. Getting H1b - yes You can work...Delaying/Rejecting GC...No can't work. It may be rejected without even the fault of the individual. Path to citizenship is an eyewash...there is not path to citizenship for a foreign worker at individual level.

    4) Considering the number of fraud's committed by Indian ....

    Punish the guilty and do not stereotype. USCIS report says only 20% of H1b is bad.

    5) We all have best back up....Saare Jahan Se Achha....



    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin



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  • B3NKobe
    06-07 10:14 AM
    euhm yeah.. i've did it, but dont know if its legal..

    B3NKobe ?
    Sorry guys, nope.

    @dr_vroeg: Absolutly awsom!! Insane!! Unthinkable, SEXEH!! My fav so far!! :D:D:D!!





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  • Vexir
    06-15 12:07 AM
    Quick someone tell me which one I should put in the poll, the carbon pod or the orasquare ?



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  • lvinaykumar
    07-14 05:36 PM
    Signed and Emailed





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  • zoooom
    07-15 11:44 PM
    Done



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  • srini1976
    11-13 05:07 PM
    Thanks everyone for the feedback. Can some guru put this issue to rest? I guess the only question that remains is:

    "For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"

    Hi Indyanguy,

    This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
    I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
    Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?

    Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?

    Please provide genuine answers.
    These answers will BENEFIT many people.

    Thanks in advance.
    Cheers,
    Srini





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  • raj1998
    04-21 02:36 PM
    Sent you a PM. please check :p.

    well, you are funny and good at intimidating people and invoking them in the way you want :D
    lets use the energy in positive way



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  • gondalguru
    07-18 12:02 PM
    If USCIS decides to use the postmarked date as the filing date then it would be trickier for those whose PD was not current in June but have "filed" on June 29/30.

    USCIS doesn't use postmark date. Don't sperad incorrect info and don't make other members anxious needlessly.

    July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).





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  • amslonewolf
    11-11 01:36 PM
    Very well said.. How many EB- 485 applications have been rejected after following all the app requirements (like PD is current before applying, correct fees etc)..


    I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.





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  • arnab221
    11-06 02:04 PM
    Actually, not all he said was wrong.
    We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.

    My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.

    Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..

    I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"

    I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.

    Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..

    Cannot agree more on the fraud prevention . Increasing the H1B application fees is not way of preventing fraud .This is punishing the small innovative companies from catching up and importing much needed talent .Keep the same fees , catch the fraudsters and make an example of them to others .





    VivekAhuja
    06-12 03:26 PM
    Not true...

    In the EB base, only 1 GC is counted for all family members. How can it count more than one if it is a derivative of an employment visa? It might count against the Family base even though primary applicant is EB-based. Not the other way around.





    Pineapple
    02-02 09:59 AM
    Any talk of "comprehensive bill" give me a sinking feeling..

    Sink
    ...
    ..
    Sink
    .
    (blub.. blub)


    The SKIL Bill is a proposed piece of legislation that would increase the
    number of H-1Bs and green cards. It is included in the comprehensive
    immigration bill Congress is likely to consider this spring and will
    hopefully pass in the fall.



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