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  • rajeshbillabong
    09-23 11:52 PM
    Hi guys,

    My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
    We really want the OPT option that F-1 gives.
    Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

    Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

    We are very worried. Please help.

    best regards,
    Rajesh





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  • Eberth
    10-21 06:08 PM
    hehehe, btw, could anyone draw a dogs bed for me, hehehe,





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  • chanduv23
    08-15 08:46 AM
    One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.

    If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up





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  • abhijitp
    07-09 12:44 AM
    Chindambaram's statement on HSMP rule change. Article has mention of H1B too.
    This is why I think it is not such a bad idea. Yeah, there may be other reasons why IV core does not think this is a good idea.


    http://www.workpermit.com/news/2007_01_30/uk/india_unhappy_about_immigration_policy.htm

    30 January 2007


    There are close cultural and economic ties between the The United Kingdom and India. However, the two Countries are at odds over immigration. The Indian Finance Minister, Palaniappan Chidambaram, has warned that Britain would be the "loser" if immigration laws are not relaxed to make it easier for Indians to work in the UK.

    Since 5 December 2006 it has become more difficult for many overseas workers to obtain the coveted HSMP visa in the UK. This is a sore point between the two nations at a time when both are looking at forging closer economic ties. However, it should be noted that there is no quota on the number of skilled professionals allowed into the UK under the HSMP or work permit scheme.

    Recent comments during a trip to India from Gordon Brown, UK's Chancellor of the Exchequer, about raising caps on foreign investment, were considered a bit absurd by some business commentators because his government had just made sweeping changes to the Highly Skilled Migrant Programme (HSMP), affecting several thousand Indians. Indians are the largest national group affected by the changes.

    "Many knowledge workers could go abroad for three months, six months or a year and add to our exports, but they are constrained by a very restrictive visa regime and local tax laws," said Mr. Chidambaram.

    "If a qualified professional from India is denied entry and that place is taken by a less qualified person from, say, Eastern Europe, surely the UK is the loser?"

    Mr. Chidambaram's comment seems directed at various European Union policies to favor professionals from within the EU. One of the main aims of the EU is to make it possible for an EU citizen to work freely in any EU Country. Most EU Citizens have been able to benefit from the free movement provisions for many years.

    A very similar line of reasoning is regularly put forth regarding the H-1B visa in the United States. Both the U.S. and the UK, along with all the most advanced western nations such as Canada, Australia and New Zealand, are aggressively competing for the most educated and skilled migrant workers from around the globe, regardless of country of origin. However, compared to employers in the other Countries, it is quite difficult for US employers to obtain a visa to employ skilled professionals in the US.

    Mr. Chidambaram, 61, was educated at Harvard Business School and represents himself as a strong supporter of free trade.



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  • simple1
    05-12 12:41 PM
    Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


    Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

    Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

    I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
    Please comment only in the member and donor threads and Let us keep this for Attorney only.





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  • cnachu2
    09-16 02:52 PM
    I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE

    Hi,

    I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...



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  • dpp
    06-28 03:18 PM
    As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

    Sample Format:

    DATE

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508


    Re: Immigrant Petition for Alien Worker
    Petitioner: XXXXXXXXX
    Beneficiary: XXXXXXXXX


    Dear Sir/Madam:

    This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

    He will be managing XXXXXXXXXXXXX(according to Labor approval)

    It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


    Yours Sincerely,




    XXXXXX
    XXXXXX


    Yes, employment offer letter should have PERM title for sure. Same thing i mentioned in earlier post as well.

    but for Employment verification letter, may be not all attorneys asks for it. But most of them ask. And it should have your current H1B/L1 title, if they are asking for this letter.





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  • neel_gump
    01-29 11:51 AM
    no OCI for minor kids...you can get more info @ http://www.indianconsulate.com/



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  • Hello_Hello
    08-29 02:20 PM
    That's not correct....USCIS/DOS did not allocate full quota to EB-3 India last year, despite it being the most retrogressed category in the system. They kept the dates conservatively retrogressed hence not allowing USIC to issue green cards to allowable limit. On the other hand they issued more than allowable quota to Korea. They are going to under allocate EB-3 India in the current fiscal too..extremely shameful!!! There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!





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  • techbuyer77
    07-16 10:11 AM
    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad:

    You are right! 100% Why people who follow all the rules are always screwed up and the ones who doesn't the government ALWAYS cut them some slack!

    It is like the CRI. I went thru the pain to work for YEARS on this GC and now people who got here illegally LAST YEAR will have GC and I still dont have mine (in the hipotetical case it ever passes, thanks God it didn't) It is not fair! what about all the money and time I spent to get here?

    The people who does not follow the rules should go at least to the endo of the line!



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  • apk1928
    04-30 01:36 PM
    Here is the format that you need. I got this from my attorney.

    AFFIDAVIT
    OF BIRTH

    I, __________________________, certify to the following:
    1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
    2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.

    3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.

    Dated: ______________, 200_ _____________________________
    Signature
    Subscribed and sworn to before me this
    ________ day of ___________, 200_
    at ________________________________.
    My commission expires ___________, 200_



    ___________________________ ________________________
    Notary Public Official Seal





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  • rajuseattle
    08-30 01:42 AM
    R u working for a desi bodyshop who may have been on the blacklist of USCIS?

    Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.

    Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.

    Whats your I-140 status?



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  • rkotamurthy
    09-29 02:24 PM
    Bump ^^^





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  • dupedinjuly
    07-10 02:48 PM
    http://www.deseretnews.com/dn/view/0,1249,680197801,00.html

    Workers feeling cheated by green-card reversal
    By Deborah Bulkeley
    Deseret Morning News
    A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
    But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
    Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
    For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
    Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
    CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
    "There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
    The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
    "Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
    But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
    "Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
    Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
    AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
    "We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
    Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
    Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
    "It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."


    --------------------------------------------------------------------------------

    Contributing: The Associated Press

    E-mail: dbulkeley@desnews.com



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  • ssbaruah@yahoo.com
    06-10 12:35 AM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.





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  • vishalsab2003
    06-04 09:04 PM
    Hi Friend, what finally happened to your petition , was that accepted as is by USCIS. I am recently in the same position where attorney showed intent to extend my h1B beyond 6 years but i dont have old enough labor and I140 is not even aapplied. I can recapture 6 months of time but he showed full 1 year , did you face any issue. My attorney told me nothing to worry as they will give H1 till whatever time we will establish,



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  • bigtiger
    06-30 05:33 PM
    Hi All,

    By reading the AILF pdf:

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.





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  • akhilmahajan
    04-30 10:24 AM
    I will like to start this thread.

    I140
    filed March 2nd, 2007
    Receipt date : March 8th, 2007

    Thanks.





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  • casinoroyale
    08-22 09:47 AM
    Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.





    binadh
    07-12 01:52 PM
    On the second thought --- Do you think PR or Citizen Desi's are for us? Any thoughts?





    looivy
    02-24 02:30 PM
    This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....


    Dear Sir/Madam,



    This is to inform you that the administrative process for your US non-immigrant visa application has been completed.



    You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.


    Please carry a copy of this email for ready reference.

    Thank you
    Regards
    Mumbai NIV / AO

    Thanks for sharing the information. Did they disclose what the admin processing was for?



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