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  • harishgowda
    05-19 08:08 AM
    Hello,

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Thanks,
    Harish Gowda




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  • serg
    10-30 08:47 PM
    You can start working on EAD now and wait for the H1 approval to come through.

    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.




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  • kirupa
    01-06 12:57 PM
    "Conflict of Interest" is my middle name...s.

    :P




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  • GCAmigo
    12-08 08:18 AM
    everything is behind closed doors.. just wait for the updates form the core team..



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  • neoklaus
    11-14 03:33 PM
    Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?

    It is probably just this IO who has a different intepretation of the rules.

    I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters




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  • gveerab
    02-23 01:18 AM
    Hey Guys,
    I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"

    One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.

    I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.

    Thanks,
    Veera



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  • techbuyer77
    07-20 07:13 AM
    lawyer sent 3 tax returns no paystubs




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  • eb3retro
    06-17 05:51 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

    it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.



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  • pitha
    02-27 04:47 PM
    It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!

    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?




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  • perm2gc
    08-24 10:22 PM
    If I were you, I would read the "captions" before responding.:mad: come out of box dude



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  • ujjvalkoul
    01-17 06:03 PM
    this is all I found on the EAD Instructions...

    Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
    1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
    Form I-765 Instructions (Rev. 07/30/07) Y Page 8
    1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
    USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
    The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
    You may be eligible for a fee waiver under 8 CFR 103.7(c).
    Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required




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  • fromnaija
    12-02 08:14 PM
    >>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<

    I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.

    H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.

    So, if you do not want to change to F1, your strategy could be a combination of the following:
    start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.



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  • mallu
    08-06 03:29 AM
    Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?

    According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E




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  • lvinaykumar
    05-14 01:04 PM
    i dont see change in any of the dates...... :D



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  • GooblyWoobly
    07-18 07:00 PM
    read the last paragraph of the link you posted

    Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

    Thanks. Clear as day!! This sucks.

    This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.

    Can someone answer Q2?




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  • hopefulgc
    08-21 11:26 AM
    Man, I lost my patience with them long back.
    My case is NSC-EAC-NSC
    I keep a log of anything "useful" I am told every time I speak to them. And usually, the first few mins are wasted in them giving me wrong info, me telling them what they told me last time and them finally agreeing with it after re-checking their screens.


    btw .. it is indeed super-frustrating and unacceptable they way they are bouncing your case around.
    Why is USCIS forgetting that we are paying for their third grade services?




    I broke my politeness today.USCIS inconsistency broke the limits for me.

    My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.

    I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.

    I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.

    Lady: How could you have ever called CSC because their phone numbers are not public
    Me: I called the same number and for some reason it got transferred to CSC.
    Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
    Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
    Lady: Can you please hold for a moment.
    After hold:
    Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
    Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
    Lady: Sir, we cannot tell you the reason why do we transfers
    Me: But you have already told me the reason in the written notice as "To speed up processing"
    Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
    Me: I hang up the phone.



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  • chanduv23
    03-14 12:16 PM
    Thank you all for your responses. We just wanted to keep a plan B active. Both of us are on h1b and from India. After residency, she will have 3 more years on h1b, and I am entering 8th year on h1b, if we don't get GC after all this, we would like to try various options like India, Canada, Australia etc.. and that's why we started enquiring.




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  • eatpavbhaji
    04-22 02:20 PM
    I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.

    LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.

    ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.


    LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.

    Below comments have gone to comments for elimination of labor substitution.

    TOP 10 reason to support rule to eliminate labor substitution.

    1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.

    2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.

    3> Many company started selling labor applications as key business

    4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.

    5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.

    6> Why one need to substitute labor when they can file new labor for new person anyway.

    7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!

    8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.

    9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.

    10> Companies used to stock labor applications like grocery (actually like
    gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.




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  • freakin_gc
    01-31 02:15 PM
    Thanks for your feedback..won't you think column 15 in lc won't help? it mentioned as 'Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements'. I also submitted an educational evaluation...

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
    There is a high possibility that you will get an RFE and you will need to reply for the RFE.

    Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.




    pappu
    08-07 10:31 AM
    The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointment with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker guide that we have on the website, http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    The State Chapters will be organizing state level calls to coordinate this effort. You will be given detailed instructions and given documents to carry for these meetings. If you do not have a state chapter in your state, please join a nearby state chapter. You will be verified and included. Anonymous and unverified members are not given access to state chapters. You can find state chapters here: http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

    In summary there are four parts to this action item

    1) Please start taking the appointments with your lawmakers now. Once you schedule these lawmaker meetings, please post the details in your state chapter yahoo/google group (date of the appointment and the lawmaker office) so that these efforts will be coordinated with others from your state chapter / local area. Do not post the details of your appointment on this thread.

    2) We will be organizing conference calls in the coming weeks for members who are participating in this action item.


    3) Once you have your meetings, please email the details and feedback to info at immigrationvoice.org to help us follow up with their DC office with your feedback.

    4) If you are a state chapter member, set up a conference call any time starting this weekend to execute this action item. If you do not have a state chapter, join the conference calls of your nearby states for guidance. State chapter leaders will however verify you before giving access. State chapter leaders will find further updates and instructions in their state chapter leader forum.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.

    Thank You.
    Team IV




    eb3_nepa
    04-13 09:56 AM
    People on here mentioned that there was a special provision for a a further 3 month wait for the director of immigration studies to examine it. Is that true?

    Now is 90 days a normal wait time, or is there something special in this bill?



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