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  • snram4
    12-28 11:51 AM
    Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.

    And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.

    These are the kind of poison pills that derailed previous CIRs.
    Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
    The business community as well as skilled immigrants start opposing the CIR and it
    comes crashing.





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  • bogy
    05-25 01:31 AM
    Hi Guys

    I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??

    Thanks! :)





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  • desi3933
    07-26 08:08 AM
    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.





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  • dkupadhyay
    02-03 10:55 AM
    My I-485 application finally got denied on 02/02/10. I just got e-mail update. Don't have any details as of now.



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  • pmat
    07-17 09:54 AM
    This case is complicated as your I485 is already approved. If you refile your wife's I485, it might get rejected.

    I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.

    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,





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  • vxb2004
    04-28 08:23 PM
    have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

    I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!



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  • imm_check
    11-01 04:27 PM
    Hi All,

    I have a scenario like this...

    My wife and I got the receipt date for I-485 while my daughter did not...even though all of us filed on the same day through same mail package. It is puzzling how one would miss one application and process the others. Please let me know if anyone faced a similar situation.

    The scene has changed a little bit with both of us receiving a FP mail notice recently. I wanted to know what would happen if both of us go ahead with the biometrics while not knowing the status of my daughters application.

    Thanks...





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  • ganguteli
    02-03 02:55 PM
    Abbe fairyangel ,

    Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.

    Stop blady shit...and concentrate on yor work....mental Ididiot

    Niceguy

    Even if you try to wrte incorrect english and spellings to make it look like some Indians who are not that good with the language, you will still be caught. :D



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  • baburob2
    04-07 04:51 PM
    Is H1/H4 renewal in Mexico also existing instead of homecountry?





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  • desi chala usa
    06-07 05:57 PM
    The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.

    Hope this help.



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  • santa123
    10-06 08:41 PM
    I just read about someone in San Fernando who killed his family and himself because he didn't have a job.

    Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...

    Cheers!!

    Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.





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  • seemashah
    02-21 04:17 PM
    Hi:

    I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:

    Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.



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  • vbkris77
    04-29 10:01 AM
    Recapture and STEM can eliminate the existing backlog including PDs of 2009 EB3I within an year.

    But then the damage is already made that there will never be a backlog built. Most of this backlog is because of wasted visas. There is a fragile balance between non-immigrant visas and immigrant visas. CIS screwed it up. But then once this is restored with the above provisions, for atleast until CIS screws it up big time again.

    So lets just support this effort of IV unconditionally.

    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)





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  • mohican
    02-18 02:58 PM
    take into account that there was holiday season in between



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  • abhishek101
    05-28 07:28 PM
    It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

    If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

    there is only one exception

    If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.





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  • bluekayal
    04-24 01:48 PM
    Your posts were always the calm within the storm. Take care and God bless you.



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  • Sakthisagar
    12-02 10:24 AM
    First of all. there is no talk about re-capture bill anywhere along with the Dream ACt they does not even mentioned on the revised Dream ACT, so only way is persuade Senators/Congressmen and The President, and join along with IV in the campaigns. That is the maximum each one can do.





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  • prabhu07
    05-21 12:02 PM
    @surabhi - Adios Amigos.





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  • nixstor
    11-01 03:43 PM
    My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?

    Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

    Can you request your brother to sign up on IV after his work at his facility? Every member counts!





    mdmd10
    08-31 10:48 AM
    I don't understand why are you raising this issue in a forum specifically designed to address immigration issues.

    If you need to find a good desi consulting company then you would have to do your own research. After all what would you expect from the members...company A is good and company B is bad!

    You are not going to get a definite answer from this forum! Also, please understand that there are many members here that may not work for desi consulting companies or are desis for that matter. Do your own research and find a company that works for you without soliciting opinions from a forum not designed for such responses!

    My humble 2 cents!





    BPforGC
    08-13 06:13 PM
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?



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