Wednesday, June 15, 2011

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  • mambarg
    07-26 12:16 PM
    Why dont you try to file it yourself ?
    Just get employment letter from HR and not legal !!! and do it yourself.

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  • amslonewolf
    10-01 12:19 PM
    Where did everyone get the 10 days estimate from??

    As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.

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    10-14 09:27 PM

    I am currently working as full time and planning to move to consulting. I have the below questions

    (i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
    Do you think is it OK to move to consulting from Full time?

    (ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing


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  • insbaby
    11-11 12:36 PM
    Priority Date Current: Curse or Boon ?

    I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.

    Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because

    You can not get 3 yr H1 extension if PD is current (only 1 yr).
    You can not get 2 yrs EAD if PD is current.

    So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.

    They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.

    You have waited for 9 years, just extend H1B one more time and you will never have to do that.

    Good luck.


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  • amitga
    07-15 12:47 PM
    You are not allowed to re-capture unused photos. This would require a legislative change.:D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?

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  • sandy_anand
    10-30 03:47 PM
    Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.

    Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.

    We may achieve some admin fixes if current administration really wants to help us.

    I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.

    Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.


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  • pappu
    01-25 04:03 PM
    I do not see this issue on my IE.
    Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.

    Thanks for the help

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  • sam_hoosier
    02-06 04:22 PM
    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country..He is working for company B...

    You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.

    But both H1 & H4 visa holders would need new approvals (I-797s).


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  • Cheran
    07-28 03:19 PM
    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance


    My Receipt Date was 06/09, still waiting.

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  • Alabaman
    04-07 06:52 PM
    Whats your discipline and industry?

    I am not sure I understand your point 1. "and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate".

    Your point 3 too... "I kicked there butt after getting selected and telling them on why did I do that". What do you mean?

    Hi Friends.
    I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
    Some tips if it may be helpful to others , that I recently expereinced

    1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
    2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
    3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)

    All the best to everyone.


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  • willgetgc2005
    04-13 05:34 PM
    Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.

    Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.

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  • naushit
    07-23 05:45 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations


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  • immiusa
    09-17 02:52 PM
    Any good reason to be used for Visitor visa extension?

    I am on H1B. Do I need to send my H1B copy for parents visa extension?

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  • desi3933
    05-20 06:00 AM

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.


    What was the minimum educational qualification to get admission for 3 year Diploma? If it was grade 10 (or class 10 as called in India), then it is equivalent to 10+2+1. It does not matter what was your qualification when you took admission in that course. Most of the polytechnic diploma programs require Grade 10 as educational qualification to join the diploma program.

    It the minimum qualification was grade 12th, then it is equivalent to Associate Degree.

    Even in India, polytechnic diploma are equated to 10+2+1, that's the reason why polytechnic diploma holders get entry to 2nd year of 4 year bachelor of engineering degree course.

    Not a legal advice.


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  • kaybeedee
    11-05 11:18 AM
    Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec

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  • vmetla
    07-30 07:48 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.


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  • samrat_bhargava_vihari
    02-12 09:43 AM

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  • LostInGCProcess
    08-18 07:36 PM
    I thank you all for your encouraging and kind response.
    The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
    My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
    The other issue is, I am getting paid far less then what I used to get., I don't know if that's acceptable or not with regards to the GC process.
    But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
    So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt I got some more time to think about this job.

    Thanks again for all your advice.

    Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.

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  • permfiling
    08-09 09:59 PM
    If he is done with FP, I don't see any issue. Typically USCIS allows grace period as long as you are within the 180 period but since this case is > 180 days, then consult a lawyer to file 245k

    NOT True.. they will give and come after you just to deny/revoke it.

    03-20 05:17 PM
    Guys, its friday... lets stop jatkas....

    Tell me that this is only for TARP and has been enacted as a law.... i mean what even our corn man was shouting from the top of the roof about H1-B

    This is not something new right????


    07-25 05:04 PM
    Hello folks,

    First of all thankyou for your input in advance.

    I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.

    My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?

    Thank you!

    Your lawyer should be able to help you get a duplicate I-797 if your employer cannot find the upper portion. I believe you would need the entire document when you go for H1B stamping.

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