Thursday, June 9, 2011

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  • natrajs
    04-16 12:11 PM
    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!



    my best :)

    Congrats and Best Wishes. Continue to support IV




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  • harryom
    01-18 11:31 AM
    I,m July filer for I140/I485 and have not received my EAD yet so I visited local office and lady officer gave me Ticket number and ask me you can use this number to see the activity on my case regarding this latest request on the uscis website.

    I have no clue where to put in this number...Anyone with suggestion or similar situation..


    Thanks
    Harry
    PD" Sept-04
    Filed in July 15th
    EAD: none for self, received for spouse
    AP: Received for both
    I140 Pending
    I485 pending




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  • Munna Bhai
    11-13 04:29 PM
    I receive a confirmation for Address change after submitting online form and which I received some where around that time.

    My EAD and Advance Payroll are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.

    it's advance parole not advance "payroll"




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  • anil
    06-15 10:28 AM
    Gurus,
    One more confusion, guess I'm confused a lot now:confused:

    Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?

    Thanks a lot!



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  • sen
    10-19 10:54 AM
    Some of my friends who used AC21 moved to jobs having salary more than 50% of their current one. All got their GCs approved and didn't have any issues. But from what i read from multiple sites, the salary should never go below the one that's mentioned in LCA.




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  • ItIsNotFunny
    12-03 05:41 PM
    I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.

    I would like to see lawyer's opinion on this.



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  • PD_Dec2002
    07-13 05:40 PM
    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D

    You can add to your own reputation by clicking the "balance" icon.

    Thanks,
    Jayant




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  • radhagd
    05-15 12:14 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.



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  • belmontboy
    04-18 11:53 PM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.




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  • buddhaas
    02-02 03:57 PM
    Why Is H-1B A Dirty Word?
    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:



    * H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
    * The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    * The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    * The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    * The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.

    Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.

    source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form



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  • DallasBlue
    08-23 08:55 PM
    I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!

    welcome to IV!!

    Members from the state chapters carry out local activites at the city/state/regional levels.

    This message thread 'Texas State Chapter Activation' is/was created to bring together members from Texas, when the state chapter was activated some time back.

    Like explained in the above post, join/subscribe to the Texas State Chapter Yhaoo group and you will hear more from the Texas members about the local activities. Hope to see you in texasiv.




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  • 485Mbe4001
    06-13 01:12 PM
    you should be ok by october - november, cheers...

    Hello everyone,

    I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.



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  • InTheMoment
    04-09 08:58 PM
    I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.

    In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.

    I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.

    So go for it ! (after consulting a reputable attorney if that would make you feel better)




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  • somegchuh
    11-16 01:13 PM
    Guys,

    My understanding was that automatic revalidation was stopped a few years ago?

    I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.

    Do check thoroughly before travelling on an expired visa.

    Take Care

    Power of internet, thanks for all the input.

    That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.

    My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.

    One more question to the folks who became Canadian PRs. When I exit out
    of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
    can they override "Automatic revalidation rule" in this case.
    Part of me says they are two different teams one working for US to track I-94
    and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?



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  • BimmerFAn
    06-13 01:45 PM
    No there is no premium processing process for waiver applications. There seems to be no apparent order in the order they are adjudicated. Once the Department of State recommends you for a waiver you may apply for H1B change of status with the recommendation alone. If ur H1B application is filed for premium processing then the USCIS might adjudicate the waiver within 15 days as part of the h1b processing.




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  • john2255
    07-21 08:31 AM
    What you should do immediately.

    If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.

    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]

    If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.

    If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Grouped by Home State

    Alabama: (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea



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  • senk1s
    10-25 04:49 PM
    RFE is basically 'looking for proof /more information'

    Wait for that then you'll know what they are looking for

    -and lately 'anything' is very normal :(




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  • leoindiano
    08-04 04:45 PM
    https://infopass.uscis.gov/info_en.php,

    Select Service on a exisiting request, then last option, i cant remember what was it...




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  • rsharma
    07-23 09:49 PM
    I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:

    "...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."

    Many people have said that the July 2nd filers cases have been pre-adjudicated.
    However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.

    Does anybody know what is meant by pre-adjudication ?
    What is difference between adjudication and pre-adjudication?

    Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.




    h1techSlave
    04-27 10:29 PM
    Most points are for joining the US Armed forces . I see where this is going .

    Smart move, wouldn't you say?

    Cheers,
    h1techSlave




    lonedesi
    11-16 05:28 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...



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