Sunday, June 12, 2011

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  • bkn96
    12-02 09:01 PM
    very encouraging news.. hope USCIS learned leasson..





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  • HumHongeKamiyab
    03-16 12:05 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?





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  • gc750
    01-01 04:48 PM
    Did you ever get the reply back from consulate if your visa was approved and did they ask you send the PPT for stamping. Please let me know if that worked out.

    I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.

    Please post your experience....





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  • fide_champ
    03-21 11:26 AM
    Please see below for my answers..

    I'm on H4. I have got an offer from a company and they will do my H1

    I have few questions

    1)How easy it is to transfer H1's to another company? What documents I need?
    You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.

    2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
    what documents do I need?Do I need to go out of US for this?
    Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.

    3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
    Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap



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  • ImmiRam
    09-13 05:05 PM
    Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.

    Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.

    Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....

    Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..

    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?





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  • sheela
    09-25 01:47 PM
    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.

    How to know whether NC is cleared. Is there a number to call for confirmation?



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  • jsb
    02-02 10:21 AM
    Pappu - Can we also ask all the users to update the amount of taxes they've paid in 2008 (now that everyone is filing for their returns)? There seems to be a negative campaign against us that somehow we don't need to pay taxes and we are a burden on local entities.

    Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.

    Cheers
    Praveen

    "Temporary Workers" have to pay not only Federal and State taxes, but Medicare and Social Security taxes too, which for a true temporary worker is just a donation for who live or will live permanently in the US.

    It is a double standard. You are a temporary worker with limited rights, but when question of paying taxes comes, IRS considers H1, L1 etc. as "US Person", which means they have to declare their world income and pay taxes to the US govenment on all of it. Moreover, if you don't contribute to SS for 40 quarters (10 years), you get nothing back when you retire. You pay for Medicare, but will get nothing unless you are a legal resident when you are eligible for medicare.





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  • alterego
    09-15 02:53 PM
    Come on let's be positive:

    EB2 will move to December 2005 within a year.
    EB3 will move to December 2003 within a year.

    POSITIVE is good for the soul REALISTIC is more important for planning.



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  • Aquatica – Orlando, Florida



  • eblues
    09-05 06:06 PM
    What is the reason your university cited for their position that you might be violating J status?

    It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.

    Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.

    You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)

    On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.

    Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).

    In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.

    Pierluigi





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  • The7zen
    01-26 07:54 PM
    Voted ????? How ? did u get a confirmation ?

    Anyone care to answer this ????



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  • ambals03
    03-10 04:54 PM
    I transfered last week, I got msg saying it has been remitted today. No issues.





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  • anilkumar0902
    11-01 12:05 AM
    PVGanesh,
    Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.

    Good luck.

    Cheers



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  • Thunder Mountain at Disney



  • fatjoe
    09-05 12:48 PM
    I called USCIS, (BTW Divakar: the phone menu options you specified was very useful), the Customer Rep. gave the Rec # for my EAD and AP, and she told me that it would take upto 90 days to get the Receipt Notice. I asked them about I-485, the customer rep. said that the data entry for my I-485 may not have completed, as my I485 info was not on the computer, so she asked me call after 90 days.





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  • ras
    09-19 01:39 AM
    Do you have any idea of my presence or absence at the rally? What is that you want to know and say. You seem to have joined recently and started shouting others. With out even knowing the facts don't go crazy..

    How many people did you get to todays rally by the way.. Is it more than 100?

    hello ras,

    did u show up today at the rally man?


    why don't you show this to congressman

    why show us your inventions about GC fourth law ?

    and other people like us who can't make decision and change the law?

    after gc wud u like to invent citizenship formula

    try to get some 50 eople in the next rally

    Thanks



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  • jfredr
    07-26 01:49 PM
    my colleague whose 485 was mailed on june 27th had his checked cleared yesterday.





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  • rennieallen
    09-27 01:28 AM
    EB-3 ROW = EB-3 Rest of World then there's EB-3 Mainland China, EB-3 Mexico, EB-3 India and EB-3 Philippines. Please correct me if I'm wrong. :D

    Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.



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  • Saralayar
    08-11 03:43 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.
    At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.





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  • Rb_newsletter
    06-12 04:45 PM
    http://www.newsreview.com/reno/content?oid=1010431

    Reid revives immigration issue

    By Dennis Myers
    dennism@newsreview.com
    More stories by this author...
    U.S. Sen. Harry Reid of Nevada, the Democratic floor leader, said last week he was getting ready to lead the Senate back into the politically risky waters of immigration.

    At the end of his remarks before an Asian-American and Pacific Islander Summit in D.C., Reid said, �Finally, we will again pursue comprehensive immigration reform that respects both our nation�s laws and the people from all nations who want to live in America, work hard and pay their fair share of taxes. And it is critical that we bring families together by cutting down on the long waits for prospective immigrants trying to join their immediate family members in the United States. I am committed to reforming our system in a way that is tough, fair and practical.�

    He was immediately faced with skepticism and outright hostility. Though the senator was vague on details, one website promptly posted the headline, �Why Does Reid Want to Ram Immigration Amnesty Through Senate?�

    More seriously, GOP Sen. Saxby Chambliss of Georgia questioned whether Congress has time to deal with immigration this year when it already has health care reform and 13 appropriations bills on its plate: �I don�t see how, from a time perspective, where they can have a floor debate on immigration. We haven�t even had any hearings this year on it.�





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  • jfredr
    07-23 12:04 PM
    Hi
    Just to know who signed ur I-485 at NSC



    R.Mickels





    apt29
    08-17 02:59 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    Once get a job offer, or intended join date:

    You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.





    gaz
    02-04 01:11 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.

    As for the I129 - my lawyer added no such stamps or certification.

    Please do check with your lawyer also. Also, try calling the US consulate.

    Good luck.



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