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  • bongopondit
    08-11 10:13 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!





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  • newbie2020
    08-11 09:47 AM
    Since it is a new H1 I would say unless the petitioning employer is not co-operating, Then you don't have any other choice. You need to wait until next April for new H1.

    Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
    I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.

    If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)





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  • kumar1
    09-22 12:22 PM
    Yes, You Green Card would evaporate after 3 months. Do not take 50% cut!





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  • EB3_SEP04
    01-28 09:21 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

    485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:



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  • p_aluri
    11-09 03:13 PM
    Your Employer is wrong. USCIS won't send I-94 in separate mail.

    As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.

    Your wife need to go out of the US and get it stamped before start working.

    At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.

    Again I am not an attorney...

    Please talk to attorney for further clarifications.

    All The Best.........



    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated





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  • partha_vus
    09-28 09:00 AM
    1. You can negotiate with him and pay and leave.
    2. when you are on benach if he is not paid you the salary you can also sue him/threat him.


    Again if you have a good relations ship then you can negotiate with your employer. Always leave with good terms.:)



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  • rick_rajvanshi
    08-19 09:39 PM
    Thanks everyone for replies.
    RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
    The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.

    Will keep posted on this forum.

    --------------------
    EB-2/ India/
    PD 06/2004

    Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?





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  • augustus
    08-09 11:03 AM
    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.



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  • forgerator
    05-20 10:15 PM
    Here are my thoughts about this so called Conversation:

    the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.

    It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.





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  • CADude
    02-21 03:12 AM
    :p
    As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...

    02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress

    The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
    However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
    S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
    We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.



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  • msyedy
    01-10 02:06 PM
    Hey BacktoSchool

    If you have EB3 2002 labor approved( I have not seen that in your post) now.
    If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
    Get I-140 of both EB3 and EB2 labor approved via premium.
    USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.

    Think on this, ask your employer and lawyer, couple of my friends are doing this.

    In max six months time you will be eligible for I-485





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  • bhavingreat
    09-22 10:10 AM
    hi All,
    I didn't find any topic on this so asking a question in a new thread.

    I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

    Please help me, I have to take decision ASAP.

    Thank you in advance.



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  • Ennada
    01-29 11:05 PM
    Legalizing unauthorized immigrants would help economy, study says - CNN.com (http://www.cnn.com/2010/POLITICS/01/07/immigration.economy/index.html#cnnSTCText)

    Washington (CNN) -- Legalization of the more than 11 million unauthorized immigrants in the United States would raise wages, increase consumption, create jobs and generate more tax revenue, two policy institutes say in a joint report Thursday.

    The report by the Center for American Progress and the American Immigration Council estimates that "comprehensive immigration reform that legalizes currently unauthorized immigrants and creates flexible legal limits on future immigration" would yield at least $1.5 trillion in added U.S. gross domestic product over a 10-year period.

    "This is a compelling economic reason to move away from the current 'vicious cycle' where enforcement-only policies perpetuate unauthorized migration and exert downward pressure on already low wages, and toward a 'virtuous cycle' of worker empowerment in which legal status and labor rights exert upward pressure on wages," study author Raul Hinojosa-Ojeda writes.

    The study looks at three scenarios: deportation of undocumented workers, temporary worker programs and legalization of the current undocumented population. Deportation would lead to a loss of $2.6 trillion in gross domestic product over 10 years, the report says, while a worker program would lead to a gain of $792 billion. Full legalization would lead to the best economic results, the study says.

    Other groups, such as the Center for Immigration Studies and the Federation for American Immigration Reform, say that unfettered immigration harms the United States and that entry into the nation must remain limited.

    When running for president in 2008, Barack Obama said that comprehensive immigration reform would be a priority in his administration, but the issue has been sidelined by health care reform efforts in Congress, the weak economy and the wars in Iraq and Afghanistan.

    There are indications, however, that the Obama administration aims to revive immigration reform efforts in Congress this year.

    The study bases many of its conclusions on an examination of what happened after passage of the Immigration Reform and Control Act of 1986, which granted legal status to 3 million unauthorized immigrants.

    A 2006 Pew Hispanic Center report found that 56 percent of illegal immigrants in the United States in 2005 were from Mexico, a total of about 6.2 million unauthorized immigrants.

    About 2.5 million unauthorized migrants, or 22 percent of the total, came from the rest of Latin America, primarily from Central America, the Pew Hispanic Center study found.

    Of the remaining illegal immigrants, about 13 percent were from Asia, and 3 percent were from Canada and Europe, the Pew study said.

    The report released Thursday says U.S. enforcement efforts -- mainly along the nearly 2,000-mile border with Mexico -- are costly and ineffective.

    "The number of unauthorized immigrants in the United States has increased dramatically since the early 1990s despite equally dramatic increases in the amount of money the federal government spends on immigration enforcement," study author Hinojosa-Ojeda writes.

    According to the report, the U.S. Border Patrol says its annual budget has increased by 714 percent since 1992, from $326.2 million in fiscal year 1992 to $2.7 billion in fiscal 2009. And the cost ratio of Border Patrol expenditures to apprehensions has increased by 1,041 percent, from $272 per apprehension in 1992 to $3,102 in 2008.

    Similarly, the Border Patrol says the number of agents along the border with Mexico has grown by 390 percent, from 3,555 in fiscal 1992 to 17,415 in 2009.

    "Yet the unauthorized immigrant population of the United States has roughly tripled in size over the past two decades, from an estimated 3.5 million in 1990 to 11.9 million in 2008," the report says, noting that illegal immigration appears to have declined slightly since 2007 as a result of the global recession.

    The report points out that a long-term study conducted by the University of California, San Diego, found that 92 to 98 percent of unauthorized immigrants keep trying to cross the border until they succeed.

    Increased enforcement has several unintended consequences, such as making the Southwestern border more lethal by channeling migrants through remote and rugged mountain and desert areas, the study found. The number of border-crossing deaths doubled in the decade after increased border enforcement started, a 2006 Government Accountability Office report said.

    An October 2009 report by the American Civil Liberties Union of San Diego & Imperial Counties and Mexico's National Commission of Human Rights estimates that 5,607 migrants died while crossing the border between 1994 and 2008.

    Tightened borders also have created new opportunities for people smugglers, who charged an average $2,000 to $3,000 per person in 2006, the study said. Ninety percent of illegal immigrants now hire smugglers, according to the report.

    An examination of trends after the 1986 immigration reform law shows that legalization of unauthorized immigrants has benefits, the report says. Legalized workers earned more, moved on to better jobs and invested more in their education so they could get higher pay and better jobs.

    A previous study found that "the wages of unauthorized workers are generally unrelated to their actual skill level," Thursday's report said.

    "Unauthorized workers tend to be concentrated in the lowest-wage occupations; they try to minimize the risk of deportation even if this means working for lower wages; and they are especially vulnerable to outright exploitation by unscrupulous employers. Once unauthorized workers are legalized, however, these artificial barriers to upward socioeconomic mobility disappear."

    Study author Hinojosa-Ojeda is founding director of the North American Integration and Development Center at the University of California, Los Angeles.

    The self-described progressive Center for American Progress is a nonpartisan research and educational think tank headed by John Podesta, who was chief of staff for President Bill Clinton.

    The Immigration Policy Center, established in 2003, also is a nonpartisan institute.

    The report, titled "Raising the Floor for American Workers, The Economic Benefits of Comprehensive Immigration Reform," can be found on the Web.





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  • ajay
    12-23 08:34 PM
    I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.



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  • lazycis
    01-11 11:45 AM
    Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.

    How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.





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  • asekhon
    01-10 11:16 AM
    Dude,
    which school did you got into? My opinion forget about GC, pursue the MBA if it is Insead etc, get into Mgt Consulting and work for McKinsey etc. You can come back to states on H1. Also after few years get into corp world as VP of something.

    If it is not a college of Insead level try to get into part time in US. I am doing Part time MBA at Kellogg and would graduate in 2008 as well.



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  • gclabor07
    02-12 08:31 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.





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  • hpandey
    04-30 01:36 PM
    So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?

    Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.

    But always consult a lawyer before taking any step because I have heard conflicting opinions before.





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  • greencardfever
    08-15 01:17 AM
    Hi,

    I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:

    1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?

    2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?

    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?

    I'd really appreciate it if someone could please answer these questions for me.

    Thanks.





    Carlau
    01-24 11:55 AM
    I have a suggestion, offer your company to pay a half an hour consultation with a lawyer, such as Sonal Mehta or Hooyou or Shusterman, this way you will not only get your H-1B 3 year extension but you will save your company from paying the 1k+ attorney's fee x 3.





    kumar1
    03-20 03:50 PM
    What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend anything on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.



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