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  • stones
    06-30 05:46 PM
    My OPT was ended on Dec 6th, 2008, I am a Ph.D graduate.

    I got H1B approved (Company A - Technology Company - not software)from Oct 1st 2008 to august 1st 2011

    I lost my job in September, 2008 and I moved to company B (Software), USCIS received my application at the end of October, 2008. It is still under process.

    Recently in June, I moved to another job (Company C - non profit and very good institute). Now USCIS is aksing (I have time to provide this until July 20th) for paystubs in October to check my valid stay in US, which I do not have, I only had OPT Card and I20.

    What is my Option now? Do they approve or ask me to go back to India and get stamped right away? or If they deny it now, what should I do? Please help me out. I paid $230 to sheila murthy before I got this job, she said they would either they approve, or they would ask me to get stamped by going India. Please help me out,

    Thank You





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  • gcwant
    04-03 06:44 PM
    I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
    please advice

    thanks
    gcwant





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  • return_to_india
    03-05 09:53 PM
    Transfer money to State Bank of India .





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  • hopelessGC
    04-28 11:44 AM
    Very similar issue happened with my relative just a couple of months ago.

    Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.

    Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.

    Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)



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  • l8A
    10-05 10:28 AM
    H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...

    How do I know the expiration of I-94? Does it say it on the I-94??





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  • kaisersose
    03-13 04:58 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.



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  • vegasbaby
    06-04 03:05 PM
    The bill looks good on paper. My problem is that it also contains giving the same rights to 'gays'. I personally am not opposed to that but it should not happen that the conservatives in the house & senate take an objection & eventually defeat this bill.





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  • paskal
    06-13 04:41 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    nothing wrong in convering if one is eligible.
    here is the problem though....each one can judge for themselves, i'm just presenting the facts:

    EB2 requires an advanced degree- lets say it takes anadditional 3 years
    EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
    now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.

    the law of the land gives preference to people with advanced degrees.
    it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.

    you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.

    this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.

    so....



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  • jthomas
    03-27 01:01 PM
    Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc

    My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.

    I went through some of the process but it does not suit me so i backed off.

    Please update your information.





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  • jsb
    12-16 12:41 PM
    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....



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  • pasupuleti
    09-13 05:26 PM
    ImmigrationALERT

    published by Hammond Law Group, LLC

    SEPTEMBER 13, 2006



    OCTOBER VISA BULLETIN RELEASED-
    INDIAN EB2 NUMBERS NO LONGER UNAVAILABLE


    The Department of State has released the October Visa Bulletin today. The Bulletin offers some good news as the EB2 category for Indian Foreign Nationals no longer remains unavailable. Starting October 1, the current priority date for the Indian EB2 category will be June 15, 2002.

    This means that any Indian foreign national holding an approved labor certification or green card case with a priority date of June 15, 2002 or earlier, may file their I-485, adjustment of status petition starting October 1, 2006.

    The October Bulletin also showed minor movement, of on average a month or so, for the other remaining categories.

    Finally, the October Bulletin also confirmed that the retrogression of numbers for Schedule A workers � Physical Therapists and Registered Nurses would not occur in October. It is expected that the retrogression will happen in November.





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  • austingc
    07-31 11:26 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
    Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.

    Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.

    If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!



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  • usgc07
    02-18 08:46 AM
    Gurus, Please advise for my above question.
    Thanks a lot.





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  • sunny1000
    10-10 01:32 AM
    the reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    rofl :):):)



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  • sa.node
    02-15 09:01 PM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)





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  • alterego
    01-14 08:06 PM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.

    Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
    300 for December with a PD set at Jan 02!:eek::eek::eek:
    Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
    I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
    We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.



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  • paddy.
    09-13 12:04 PM
    You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.





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  • chem2
    06-15 09:07 AM
    if you completed an I-9 with your employer after you recd your green card, you may be able to ask them if they are willing to let you make a copy from their files.





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  • reddymjm
    01-07 09:09 AM
    I just entered US on my AP. Old one (stamped one) was valid till May 08 09 and I had a renewed AP. The IO asked for both old and new AP. I had only the new one. He said I am supposed to carry both. Then he issued me a stamp valid till dec 30 09 and said am supposed to carry the stamped AP paper along with the stamp all the time. Then I aksed about the expiry validity. He said I have to have a new AP after the AP expiry date on AP not on the passport.

    But I heard the otherway at the canada border.





    mdforgc
    04-19 08:03 PM
    Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

    I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

    This is the response to a MAIL that I had sent to the MUMBAI consulate!!

    ************************************************** ********
    MUMBAI, N IV to me
    Apr 18 (1 day ago)

    "Returning workers can apply in any of the four U.S. consulates in India."

    It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
    It may be harder to qualify for the visa if you are not applying in your
    own district.
    The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

    Application fees in this case will NOT be refunded.

    Best regards,

    Non Immigrant Visa Section/wds
    U.S. Consulate General Mumbai


    ************************************************** ********

    I had no problem getting H1 restamped from Mumbai though my address is Kerala.





    lecter
    February 27th, 2004, 07:49 AM
    oops, I meant a week right??

    Oh well....

    if people get sick of my comments and critiques ... please let me know....

    I will base everything on my lack of knowledge and ability and then we can all learn and grow together......


    Plus I'll take some photos for scrutiny by my peers here....

    what a bloke..

    ..............................................rob



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