Sunday, June 19, 2011

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  • mammoy2k
    11-13 05:49 PM
    you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.

    Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.

    Thanks for your response.




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  • thepaew
    10-24 04:42 PM
    Took me six months. Applied in March .. Received in August
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)




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  • LostInGCProcess
    03-03 11:24 AM
    I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.

    AC21 issues can be resolved. So don't worry about it.

    Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?




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  • rajuseattle
    07-01 01:47 AM
    I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.

    According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.

    In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.

    Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.



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  • chintals
    09-03 11:43 AM
    I have got an LUD on 09/01/2009 for both the cases, but the status is still pending.

    I am worried, did any have similar experience?

    I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.




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  • eyeopeners05@yahoo.com
    06-02 01:09 PM
    Isnt all that in picture only when you are travelling outside ?



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  • cool_guy_onnet1
    06-01 01:28 PM
    New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
    A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.

    By Marianne Kolbasuk McGee
    InformationWeek
    May 31, 2007 04:50 PM


    A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
    Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.

    The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.

    "This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.

    By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.

    One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.

    Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.

    The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.

    In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.

    "Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.

    The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.

    "We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.

    Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."




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  • jonty_11
    01-16 04:43 PM
    Yes , I am planning to take the test too......



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  • for_gc
    04-27 04:55 PM
    First of all, no need to be so concerned. Also this is not unique situation.

    Just apply for I140 for the EB3 (the labor you just got approved).
    Once you get the EB3 I140 approved, you have 2 ways to port the PD:
    1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).

    2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.

    The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.

    YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.

    My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.

    My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.




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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.



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  • chanduv23
    12-15 11:40 AM
    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,

    As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.




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  • immig4me
    04-22 01:44 PM
    try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.



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  • cool_guy_onnet1
    06-01 01:56 PM
    If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!

    i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?

    i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?

    "Board Members
    Kim Berry (Sacramento, CA)
    Valerie Chau (San Diego, CA)
    John Miano (New Jersey)
    Mark Powell (Westminster, CA)
    (three openings)
    Officers
    President: Mr. Kim Berry (Sacramento, CA)
    Secretary: (open)
    Treasurer: John Miano (New Jersey)
    Membership Chairman: Valerie Chau (San Diego, CA)
    V.P. Governmental Relations: Mark Powell (Westminster, CA)
    Newsletter Editor: Open
    Newsletter Coeditor: Open
    V.P. Public Relations: Open
    V.P. Advertising: Open
    Press Releases: Open
    Assistant webmaster: Open
    (If you would like to contribute to our cause in another way, please contact us.)

    The Programmers Guild is incorporated "




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  • tikka
    06-22 09:39 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks


    Your chest xray was negative so you are fine.
    To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.

    You need him to sign off on the results.



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  • pappu
    05-14 08:41 AM
    Good Morning.




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  • haider420
    06-12 07:53 AM
    PLEASE HELP ME OUT!!!!

    i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
    -my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
    -how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
    -if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??



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  • americandesi
    06-06 07:08 PM
    The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.

    Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.

    Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.




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  • MunnaBhai
    11-26 06:56 PM
    I will contribute $200.00 towards rally.

    Thanks
    MB
    Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).

    Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.




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  • aknynd
    05-21 01:12 PM
    how to start a new thread?




    nixstor
    12-04 10:34 AM
    What's happening now is diff from what you would like to / can do to change it? If you were being sarcastic to the OP, thats so weird. If you were serious about your comments, You gotta ask yourself "What the hell am I doing here"?




    glus
    08-01 10:18 AM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.



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