Sunday, June 26, 2011

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  • pmpforgc
    04-26 09:24 PM
    Completely agree with the point that you are trying to make here. Since the time I have been here, each year I have seen my juniors/friends come to U.S. on h1b visa/F1 visa/h4 visa., pretty excited and having a rosy picture of their future, completely unaware of the mess that we are in. This reminds me of the time when I came here few years ago, absolutely unaware of the green card backlog and the filing process. If I knew then what I know now, my life would have been completely different. Each year, thousands of Indians enter US on h1b/F1 visa, each(or atleast most) of them hoping to have a smooth transition to green card, ignorant of the terms " labor" "PD" "Retrogression" etc. when they do realize the meaning of these terms and their impact on our lives, they get a rude shock. It is unfortunate that people with PD of 2002 (in EB 3 india) are still waiting for their GC 8 long years after applying for it!!Imagine the plight of the youngsters entering U.S. now,who will apply for GC under EB 3 say in 2011 or 2012. Would it be a 25 year wait for them and are they ready for it?

    I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.

    I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.

    I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)

    IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.

    But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.

    IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)





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  • gc genie
    12-30 09:04 AM
    Can I apply for H1 B extension on my own or does it have to go through an immigrtion attorney?

    I will be applying for 7th yr H1 based on an ongoing GC process. I 140 approved . I 485 pending.

    Is this process any different from normal H1B application ( the first 6 years)

    Thanks





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  • goel_ar
    08-20 02:12 PM
    it is very easy to get it done. You take money , go to scotia bank branch - there are tons of them there & get it done. Takes about 5 min. only. But go to Canada a day before to avoid any problems.





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  • GCNirvana007
    06-07 04:35 PM
    Since i applied my I-485, havent seen a LUD but i did first time June 3rd 2009. One of my friend with same PD got LUD in April. I am from TSC. Any thoughts?.



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  • rajeshalex
    03-14 09:15 PM
    Hi All,

    We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.

    Also let me know what all documents you guys carried.

    Thank you

    rajesh





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  • kevinkris
    10-10 05:23 PM
    Beware of contractual agreements between your company and the end client. Normally they will have contrac that you will no join the vendor or client directly after the contract is terminated. You will be in legal problems. This is nothing to do with your GC.

    I recommend, since you go GC find a job else where once you are fired by your company.



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  • uffyegc
    10-21 02:25 PM
    Hi Prashanthi,

    Thank you for your reply.

    As per company immigration HR, "since H1B extension was filed (Jun-06-2008) one week after GC labor filing (May-29-2008), we can apply next H1B extension based on May-01-2011 expiry".

    Can you please reaffirm that we ought to file extension based on April 16, 2010 and not May-01-2011.

    Thanks again for your input.





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  • linuxra
    09-24 07:52 AM
    Hi All,
    Thanks in Advance...
    I got an email from USCIS that my and my wife's I-485 got RFE''s
    I files my 485 through lawyer,I recently moved to new location...
    Will the rfe notice come to me or my lawyer...
    I updated the old address on the day i got RFE notice?
    Please advise...



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  • Robert Kumar
    02-12 02:51 PM
    Why dont you consider one of attorney offices that provide free call services to IV members. That would help you as well as help IV community. May be you can consider Prashanthi Reddy or Raj at Shusterman or Siskind Law firm.

    I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..





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  • desi3933
    06-22 07:54 AM
    What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval?
    Will that one will also be rejected or by attaching the receipt copy will be good enough?

    Expired I-94 is ok, if
    it is expired less than 180 days ago. 245(k) covers this.
    or
    change of status to H1/H4/L1/L2 is pending. In this case, attach copy of the receipt.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002



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  • wandmaker
    10-22 10:07 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.

    Everyone knows the fact


    B.Sc != US Bachelors or Even B.E
    B.Sc + MCA / any non professional master degree != US Masters or Even M.E
    For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.





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  • EBX-Man
    04-30 02:31 PM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.


    The rule is

    If you dont have a birth certificate
    - You need affidavites from both parents

    If you have a birth certificate issued after 1 year of date of birth
    - You need affidavites from both parents

    If you have a birth certificate issued within 1 year of date of birth
    - You do not need affidavites

    Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted



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  • gauravsh
    03-28 12:26 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Thanks, but will there be any charges against me for not filing the taxes before.
    WIll it effect my immigration status.





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  • abc
    06-03 12:48 PM
    What happens if the current company withdraws the labour after you have moved to the new company.

    Is your h1b 8th year extn invalid..



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  • go_getter007
    12-20 11:45 AM
    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.



    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    Please advice





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  • mambarg
    08-13 02:32 PM
    It is important to see July 3rd receipt dates which confirms the time and applications required to completed July 2nd apps and is the important statistics for rest of the dates.



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  • mgakhar
    02-14 06:17 PM
    Not sure if I should be happy that there are lots of people in the same boat as me or be worried.
    Anyways swen I take an appointment to go to the local INS office, is it ok if I go alone or does my wife need to come along as well?

    Thanks,
    MG.





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  • amaran18
    08-13 04:30 PM
    First of all, Congrats !!

    You should talk to a lawyer to get this clarified.





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  • iwantmygcnow
    10-15 09:42 AM
    I am new to IV. what is an SR?





    immig99
    01-19 01:10 AM
    Hi All,

    Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
    (RFE due date Mar10)
    Here are my doubts:
    1. can i go to india & comeback with AP in hand
    2. Do i need to wait for my i-140 approval
    3. my question is what if my i -140 rejects ??


    Appreciate your feedback..

    Thanks!!!!!





    niklshah
    11-11 11:26 AM
    i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.

    hope this helps

    good luck



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