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  • chanduv23
    08-09 01:07 PM
    ^^^^^^^^^^^^^^





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  • omved
    10-09 01:43 AM
    There are lots of people living in arizona on H1 visa but still not member in immigrationvoice yet...

    But sure, lets do meet sometime...





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  • st4rguitar
    04-06 02:05 PM
    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.

    I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
    Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.





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  • optimist
    09-30 09:53 AM
    Thank you folks, for sharing your thoughts!

    thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(

    By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
    <quote>
    (i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
    (ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
    </quote>
    How generous, isn't it?? :eek:

    Any one else, with good/bad experiences to share about this ?
    .
    .



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  • maverick_iv
    12-05 09:35 PM
    Don't think there is any need to take your kid along. Other than avoiding the postal delay, applying in person has no other advantages. The person sitting in the counter would double check your docs and accept the application and would give the standard response that it would take 45 days. If you had done your homework, you don't have to worry about another person checking your docs.

    Other tips for folks going to the DC embassy:
    - None of the phone numbers would be answered.
    - At the counter there would three phone numbers listed for PIO/OCI queries(no mention of those in the website) - but you won't be able to get anyone on those lines either.
    - What is really helpful is that everyday between 12.30 and 1pm, you could get into the main building of the embassy for PIO/OCI queries.
    - The person approving the PIOs is Mr. Natesan - a very helpful and patient chap.
    - Once you get into the office, you'll have a story to tell on how PIOs are processed. You would notice a number of USPS tubs full of PIO applns in the corridor with folks trying to look and pull their applns out.
    - Regardless, if you have a pending appln, you could explain the situation and request for the PIO to be issued the same day. The folks in the PIO section are very cooperative - there were about 12-13 people on the day that I went in - Almost all of them got it on the same day regardless of when they applied.

    Harikris - My suggestion to you is to mail your application right away and take a trip to the DC embassy a week or two later. If you want to, you could apply in person and try your luck the same day.

    Hi,

    Thanks for your response.
    AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.

    My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.

    Thanks for the idea on the thumb impressions. That helps.





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  • putu99
    06-16 08:39 PM
    I am in a similar situation...I have been on an F1 visa for the last five years, and have just applied for my OPT. I will start work this August on my F1 OPT, and my employer was going to apply for my H1B visa shortly. However, my husband is on an H1 visa, and thanks to all the dates being current, he can now file his I-485.

    I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.

    Thank you.



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  • reachag
    08-31 10:10 AM
    Looks like this is only for renewals





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  • rangaswamy
    01-16 05:21 PM
    Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.

    I shifted employers too, my new attorney said it was best to transfer h1b and then do ac21 to take care of gc process. My h1 was approved in 4 days, with premium processing.

    AC21 papers sent in first week of dec.

    Stay on h1.

    AR



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  • immilaw
    09-17 11:44 AM
    Few things to remember
    1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

    2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

    3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

    Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

    I think people from India with post 2004 Pri dates should
    a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

    b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

    c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

    d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

    e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

    Use this thread to post new ideas.

    I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.





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  • lj_rr
    07-23 10:48 PM
    Indian Citizen GC holder is working in US since 2006 and has GC since 2006.
    Spouse works in India and they had arranged marriage in India in July 2007.
    So the Indian Citizen spouse has never been to US.
    Let me know if you need more info.

    If someone got green card here and got married to Indian citizen, I am not sure how to ask this particular question. She must have seen that guy some how, if so when and where? If that guy had come to US, then he could come again in whichever visa he came in. Also where did they get married? There are options, but certain questions needs to be answered.



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  • desi3933
    05-20 09:51 PM
    ...........
    Is it possible to have EB2 category and old priority date without refiling new I-140?

    No. You need 2 (or more) approved I-140s to port PDs.


    __________________
    Not a legal advice.





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  • psaxena
    06-22 07:54 PM
    to get some smile on your faces..

    Still thinking what Jeniffer(Usha ji) will make the immigrants do.. may be ask to make some pasta!!



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  • EkAurAaya
    03-20 10:14 AM
    I sold the house on H1 and there was nothing addition for H1 holder. It is just that if you have that property for less than 2 years then you pay tax.

    Just thinking if the new law for GC approved like buy a house and get
    GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
    I am on EAD now. PD -Nov 2003

    Can you please share what state? Thanks





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  • pappu
    01-07 07:18 PM
    http://immigrationvoice.org/

    Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
    Contact your chapter leaders for various state chapter action items.



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  • ndbhatt
    12-21 02:14 PM
    The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
    Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:

    I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?





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  • 750|140|765|131|485
    11-24 12:43 AM
    If your co-worker is giving you the letter it makes more sense to have it notarized to make sure that he really signed it - Its okay if he signs in front of Canada or other countrie's notary public. Since this an RFE - you dont want to take any chances.

    In general big companies wont issue this letter in this format and small companies disappear - so co-worker route is a pretty popular way !!

    ************* general layout , change accordingly ************

    January 01, 2007


    US Citizenship and Immigration Services
    Nebraska Service Center
    P.O. Box 87140
    Lincoln, NE 68501-7140

    Re: XXXX XXXXX


    TO WHOM IT MAY CONCERN:

    I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

    During the period of employment at YYYY YYYYY Mr. XXXX XXXXX’s duty were to Analyze, Plan, Design, Develop and Test computer programs for Business applications using Oracle, PL/SQL, UNIX, JAVASCRIPT, JAVA, J2EE, XML, JSP, EJB, Hardware/Software Configurations, JDBC, ASP, VB6, DHTML, Linux, COM, DCom, Lotus Notes, Domino, SQL Server, DB2, and Informatica.

    Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.


    Sincerely,



    ___________________________________
    Mr. ZZZZ ZZZZZ
    Designation
    Company Name

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

    You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.



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  • som_yad
    08-15 05:12 PM
    Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?





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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?





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  • snathan
    02-24 11:19 AM
    snathan,
    I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern…

    no...education also checked during I-140. Just google 3 years degree and I-140 issues. Most of the time the PERM is gettting approval and only during the I-140 process people are facing issues.





    suva321
    01-20 07:34 PM
    From Nov 14th 2008 verything got changed, now first they issue one year
    after that you need apply again for 10 years.





    days_go_by
    09-12 06:49 PM
    Any advise about Unpaid vacation period in usa for h1b's and staying in usa.

    What is the legal vacation period in usa for h1b's? And how long it could be!!!
    few weeks or few months???

    Thanks...
    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.



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