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Friday, June 10, 2011

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  • thakgaya
    03-30 05:53 AM
    The approved 140 were from different companies. I got the update in 2 days after my attorney responded to the RFE.





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  • a_yaja
    06-26 02:08 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
    Agreed. As per my understanding, "consulting" as per the bill's definition is:
    1. You are working at another employer's location (or client location)
    AND
    2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)

    So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.

    This is my understanding of the bill. There are a lot of people who disagree with my interpretation.

    Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.





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  • DSLStart
    10-02 11:43 AM
    sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
    But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.

    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!





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  • prince_charming
    02-15 01:06 PM
    Ding...



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  • manderson
    10-30 09:58 AM
    stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

    Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

    One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

    Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

    :)


    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.





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  • Ramba
    09-25 07:40 PM
    :) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?

    Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).

    You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.



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  • smuggymba
    01-04 08:14 AM
    Indian govt trying to please IT companies....nothing will happen. Just lip service like any other promise by our beloved politicians.





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  • dingudi
    03-06 11:15 AM
    -----------------------
    You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.

    Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.

    Thanks

    JK

    sendmailtojk,

    My spouse burnt one of the finger and has a blister right at the spot where we take FP. So I am not sure if they will reschedule her or not. When we got her FP notice , we made some travel plans after the FP date but unfortunately this incident happened. Now if they reschedule the FP then most likely we wont be here for the rescheduled date. So I was wondering if I can just take the photocopy of the original FP notice (as for reschedule , we will have give up the original notice) and drive to another ASC after the finger heals and try to complete it there rather than wait for the original ASC to send us the rescheduled date. Is there a way to find out which ASCs allow walk in and which I dont. I am based in Boston and so pretty sure Boston ASC does not allow to walk in. They go strictly by appointments. So I am hoping to some other nearest ASC.

    Also as your family completed FP after your scheduled date and that too at another ASC, do you know what you will do when you receive the rescheduled appointment.

    If you could tell me if there is way to find out if an ASC is busy or not.



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  • wandmaker
    11-03 05:36 PM
    Thanks what dox did u send ?

    Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)

    Extract for eFiling EAD:

    Covering Letter from the PDF
    Covering letter from self
    Copy of I-485 Receipt
    Copy of approved I-140 (If approved)
    Copy of PP (1st and last Page)
    Copy of Visa Stamping
    Copy of I-94 (Front & Back)
    Copy of DL





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  • Prashanthi
    10-20 06:01 PM
    [QUOTE=Openarms;1113771]Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.[/QUOTE

    As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process.



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  • idesign
    05-11 01:23 PM
    you could try contrasting the font colors from the image a bit, to make it more readable.





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  • desi3933
    08-27 01:52 PM
    Thanks desi3933.

    My followup qn to this is ..

    If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

    Thanks


    A priority date can only be recaptured from one approved I-140 to another approved I-140, regardless of whether an I-485 was filed or not.

    Please check with your attorney.

    ____________________
    Not a legal advise.



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  • yabadaba
    06-30 03:23 PM
    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???





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  • my2cents
    10-12 03:41 PM
    There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.

    As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.

    it's all about how your solid documentation about your extended vacation.



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  • GCFROMOHIO
    01-12 12:12 AM
    Please refrain from claiming any unemployment benefits while on EAD and 485 pending.

    Urgent Help Needed!!!!!! IO with State Police at home today morning. (http://www..com/usa-discussion-forums/i485-eb/237011787/urgent-help-needed-io-with-state-police-at-home-today-morning)


    Thanks





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  • sunny1000
    06-19 07:12 PM
    The below thread has a lot of info.

    http://immigrationvoice.org/forum/showthread.php?t=16145&highlight=PIMS



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  • sunnysharma
    08-16 09:43 AM
    we sent 3 seperate checks for each family member


    Best Option is print these checks, Probably u will be able to see the numbers clearly..





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  • neeidd
    11-10 04:08 PM
    AP
    I485 Receipt Notice
    EAD(just in case)
    thats all you need
    Thanks for your reply, dj9533





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  • Sunx_2004
    10-05 05:10 PM
    Thanks guys, I will keep updating this thread as things unfold.
    Cheers





    abd
    01-19 10:57 AM
    As per latest Service Processing times released on 1/17, NSC's EB2-140 dats is 13-Jul-06. My date is 29-Jul-06, Waiting for approval in near future. I will update the thread as soon as i hear something.


    here is the link
    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska





    itstimenow
    08-07 11:06 PM
    If all the documents are submitted - court related -- in that case are we good to go?



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