Tuesday, June 7, 2011

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  • go_guy123
    03-04 10:06 AM
    We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?

    USCIS never talked about "proposal for 485 adjudication during retrogression"
    People were writing their fantasies on this newsgroup





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  • yabadaba
    10-17 01:25 PM
    u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.





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  • h1techSlave
    12-04 04:57 PM
    Increase in H1B with out corresponding increase in visa numbers is bad for us. But the industry is all for it. They will get a ton of slave labor for the next 5-10 years.

    Somebody needs to look at the issue of mismatch between increased H1-Bs and visa numbers for greencards. Otherwise the current green card backlog for some EB countries will only widen leading to untold suffering for people from many countries. Maybe they should have a new visa similar to H1 but which does not allow the holder to apply for a green card. The better solution is of course recapture of visa numbers. Simply increasing the H1-B quota will be quite detrimental.





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  • Rajwaitingon140
    11-21 12:09 PM
    Quizzer

    Could you please let me know what is the procedure to go for an SR (Service Request)?

    Thanks in advance.
    Raj

    Hi Raj
    Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.



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  • GCSOON-Ihope
    11-04 05:32 PM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,
    pan123

    Of ourse you can always find a new employer!
    However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
    Whenever you want to switch jobs, you have to apply for a whole new H1.
    Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
    what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
    In your situation, just file a new H1 with a new employer, that's it.





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  • rajeever
    02-27 12:33 PM
    Hi,

    My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.

    Background:

    My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.

    I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).


    So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.

    Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.


    Advise and Help:

    Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?

    1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
    2. What if if I don�t find a job till July 6 2009?
    3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
    4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.

    Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.

    On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.


    Many thanks!

    Rajeev

    .



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  • hoggus
    11-30 01:14 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.





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  • sundarpn
    08-23 04:36 PM
    I am told that is better to apply for COS after like a semester or two of study on H-4...

    Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
    Also once on F-1, she is not dependent on the H1B status of the primary.



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  • locomotive36
    07-02 10:02 AM
    Prepaid taxis at the airport is the best. You dont have to haggle over prices, pay tips or commission or no such nonsense. Fixed rate based on distance. Govt prepaid and Fast track are good. Would suggest Fast track.. decent cars with decent prices.

    Fasttrack is even recommended for local travel... reliable call taxi service.

    As for hotels, if you are looking at hotels in and around 5 kms of Chennai Central railway station, you can look at areas of Egmore, Kilpauk and Nugambakkam. Aruna Inn in Nugambakkam is a decent 2-3 star. Try to find hotels in these areas and make a researvation thru makemytrip.com or yatra.com





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  • webm
    05-29 12:54 PM
    4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
    ---Yes depends on your H1 validity one can continue working although I-94 stamp paroled for 1yr validity expired ie AOS pending status will let you in and contine the work on H1 or EAD



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  • GCWhru
    11-15 11:07 AM
    Please come forward.. We will start Tennessee state chapter.

    most of the states having some activity going on. I know TN has lot of members (I personally know 5 to 6 people accessing IV in my company).

    Let us join together...





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  • sukhwinderd
    09-14 04:21 PM
    Hi All,

    I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;

    what are you trying to get at ? or analyze?
    what matters is when you filed.



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  • Singer
    10-21 11:10 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • GCBy3000
    07-26 04:09 PM
    Is this good or bad? We dont have even one single person with negative attitude. At least that is good.

    I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
    I want to be a free rider and want others to pay for my cause 0 0%
    I hate these immigrants and H1B workers on this website and will not contribute 0 0%



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  • ScratchingHead
    09-30 05:33 PM
    HI,

    My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

    I just want to prepare for the worst case. Can any one please help with some information.

    What are my options to get a H1B extension.

    Thank you,

    If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.

    If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.

    Options:
    1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
    2) Go to your home country and return after 365, but you would be subjected to quota.





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  • willigetgc?
    08-04 08:31 AM
    I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.

    You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.



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  • Blog Feeds
    04-21 05:36 PM
    Fox News (not generally known for sympathetic immigration coverage) reports on an Iraqi translator who has received multiple commendations for taking risks to save the lives of American soldiers. The translator has been denied a visa to live in the US, according to Fox, because of nonviolent actions he took to overthrow Saddam Hussein even though the US government was calling for regime change in Iraq at the time.

    More... (http://blogs.ilw.com/gregsiskind/2009/04/heroic-translator-denied-visa-to-come-to-the-us.html)

    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance

    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    i did file this in the h1 thread. hoping some attorney might shed some light on this for me


    thanks in advance





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  • Sakthisagar
    07-23 11:55 AM
    India develops world's cheapest 'laptop' at $35 - dnaindia.com (http://www.dnaindia.com/india/report_india-develops-world-s-cheapest-laptop-at-35_1413493)

    New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.

    Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.

    "We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.

    He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.

    Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.

    The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.

    India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.

    PC Magazine Reports as under

    Thanks in large part to the success of Apple's iPad, tablets are, for the first time in their long history, well on their way to becoming a mainstream electronic device. With prices starting at $499, however, Apple's device is still too expensive for many to seriously consider its potential as a secondary computer. A new prototype from the Indian government, however, may slice the price of tablets down to a fraction of that.

    The government has announced pans to create an educational tablet priced at $35. The device, which will offer a number of basic computing features, such as a Web browser and video conferencing, is set to be made available to Indian students some time next year.

    The government is attempting to push the device's price down to a fraction of that, with an ultimate goal of a $10 tablet. "We have come out with the device at Rs 1,500 ($35) and now we invite individuals, entrepreneurs, firms and industries to produce the device as cheaper rates than this," Kapil Sibal, the minister of the country's HRD educational department told The Business Standard.

    In other words, there hasn't been a manufacturer that's been named for this device, just a prototype and a tentative business plan. That's hasn't always worked out as planned; the history of a similar $100 One Laptop Per Child was plagued with delays, with executives later hoping to exit the business entirely.

    India's Government Unveils $35 Tablet Prototype | News & Opinion | PCMag.com (http://www.pcmag.com/article2/0,2817,2366895,00.asp?kc=PCRSS03069TX1K0001121&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ziffdavis%2Fpcmag%2Fbreakingn ews+%28PCMag.com+Breaking+News%29)





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  • JunRN
    08-21 11:30 AM
    Mine is two Receipting up-dates away.....but I am hoping to receive my RNs before that...:D

    Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....





    chanduv23
    11-05 05:16 AM
    Wow, Tri State has 88 registered members (all 3 states combined).

    I think TX is really doing great in that sense. Come on TX folks, this is your chance. Join the State chapter and help yoursleves





    rkat
    02-06 11:21 AM
    Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

    Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

    Can somebody please help!

    Thanks in advace.!



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