Saturday, June 25, 2011

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  • ndbhatt
    02-07 12:34 AM
    If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

    The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

    Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

    Here is what Bill Gates said last year testifying to the congress -

    "And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

    Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    Welcome to the club buddy, we are going to be in these forums to long many years.

    Sanju,

    I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.

    I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.





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  • amit79
    04-16 08:03 AM
    USCIS started sending notifications for Premium Processing petitioners on 15th April, 2008. As we start receiving notifications, a lot of H1B petitioners using IV are waiting to hear from USCIS, this thread can help keep the information in one place and provide quick access to the current status of notifications. Those received their notifications from USCIS can put in the results in the following format

    Quota - General/Higher
    Premium Processing - Yes/No
    Notification Date - xx/xx/xx
    Receipt Number - Yes/No
    Waiting List - Yes/No
    Notified via - email/postal mail
    Employer - Consultant/Company
    Multiple Petitions - Yes/No

    Comments - you can put any extra comments that are relevant

    Good Luck.





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  • GCanyMinute
    08-22 03:48 PM
    :) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
    Thanks in advance for any help. :D





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  • number30
    03-31 04:20 PM
    Thanks for the reply.

    How to dispute against this fake criminal record in background check.

    Go check the history your self. Ask the conulting company to provide the copy. Check this web site.

    http://www.isp.state.id.us/identification/PublicAccessToCriminalHistoryRecordInformation_000 .html



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  • Maverick1
    08-13 11:23 AM
    According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.

    Only OCI visa holders can work without employment visa.

    You may want confirm the details on the Embassy website as they keep changing rules from time to time.

    No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.

    Quote from cgny website :

    "No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "



    http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7





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  • texcan
    03-02 12:02 AM
    Hi,

    Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.

    I already requested my ex-employer not to revoke my H1B.

    My questions are �

    1. How much time I will get to transfer my H1B ?
    2. What about my families H4 visa status ?
    3. If it is out of status issue , then what should me my immediate action ?

    Thanks in advance!

    There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.

    Now since you have already applied for transfer, it makes more sense to wait for result/approval.

    you family's h4 status is tied with your h1 status.

    IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.

    HTH and sorry to hear about layoff. Hope it will work out for you.



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  • visa_reval
    04-05 04:23 PM
    I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.





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  • like_watching_paint_dry
    01-08 10:59 AM
    The bad part is when you look to answer the question "what are the odds that the first baby of a new year would be born to an illegal leech?" .. There are so many illegals out here that they have good odds of having a sweepstake winning baby, while legals suffer all kinds of bureaucratic hurdles.

    They should give the baby the money and CIS should deport the illegal woman.



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  • jesicakalra
    01-30 06:26 AM
    China is a very good place for Indian ........





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  • kumar1305
    02-25 05:10 PM
    WOW. Stealing $30 worth of stuff makes her so bad?

    I wonder what stealing from an employer by leaving early from work would mean.

    You are beyond hopeless.

    Here people are putting more than 8 hours a day. Many are doing twice the job. Doing Administration and development, development and support and what not. Employers do not want to recruit a new one. Have thrown all the stuff on poor H1Bs, can't run away just have to work hard to keep the status.


    Which company which let you go early in the current economy? This kind of statements are an insult to all the hard working guys on this forum.



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  • surabhi
    10-17 12:28 PM
    I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

    Contract - Corp-to-Corp ?
    Contract - W2 ?
    Contract to Hire - Independent ?
    Contract to Hire - W2 ?

    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21





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  • conchshell
    07-29 04:39 PM
    CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
    Is any one would like to join this !

    I was wondering if there is any update available from this meeting?



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  • sara_apk
    04-16 04:05 PM
    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.

    Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?





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  • sk.aggarwal
    06-17 08:45 AM
    I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
    1. Shift to some other status like H4
    2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.

    But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.

    This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.



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  • thomachan72
    10-04 02:42 PM
    I was also at 10 and few weeks back went and changed to 12. As Tony pointed out I have been wondering about the liquidity issue if at all we were to withdraw early. They take off 30% (20 tax + 10% early termination fee). I do have a bit of company match but will not be enough to cover the 30% loss. I am thinking of cutting back to 5%.
    The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.





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  • pappu
    08-30 07:06 PM
    Congrats Babu.

    Finally someone saw some green in the Nevada desert!

    Pls stay in touch and continue to help IV.



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  • nviren
    10-30 12:14 PM
    Hi,

    On my and my wife's AP cases, we got an update today. It says on 10/30 USCIS mailed the documents to applicant.

    I take that as approved. I guess the AP docs go to attorney's office, correct?

    Thanks





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  • seshadsr
    06-08 11:42 AM
    Sorry I am unable to attend but sent my first contribution 2 weeks back and this is my second
    Transaction ID: 15S40320JF846241C





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  • ramus
    05-29 09:12 PM
    HI.. Could you please send web-fax.. We want to reach 3000 number tonight..

    If core team is doing so much, can we do this for ourself and show them our support.
    Thank you so much.



    How will the new bill affect the I-485 processing time?

    Does anyone know the minimum and maximum times required for I-485 processing?

    What type of factors delay the I-485 processing?

    Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?

    Thank you in advance for your information.





    kaisersose
    06-02 10:42 AM
    Kaiser.
    thx for replying . but I do not want both Visa on Oct1.

    My L1 ends sometime in mid September.
    My H1 would be effective only from Oct 1.
    So, during this time I will be out of status right ?

    So if I do my L1 Extension, I might solve the problem.
    But Will doing that affect the approved H1 ?

    Pls. help. thanks.

    As far as I know, your H will impact your L, not the other way around. Your most recent I-94 will determine your status. Your H I-94 will start from Oct 01.

    1. If your L extension cannot happen before Oct 1st, your L I-94 starts earlier than the H and will beinvalidated on October 1st.

    2. If your L extension happens after October 1st - it will not happen because at that time, your status would have changed to H. So the ext will be denied as far as I know.

    If you wish to continue your L after Oct 1st, get an extension approved, travel out of the country before Oct 1st, get a visa stamped and return on L after Oct 1st.





    MSCapBust
    07-19 12:02 PM
    I'm doing an internship on CPT.
    I will be out of school at the end of August.



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