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arian2002
03-26 02:54 PM
In Florida, one has to show an EVL before they give the one year "temporary" license. I wonder what happens when your H-1B expires and your renewed H-1B has not arrived, sit at home:confused:
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kghoshal
12-21 11:47 PM
Indeed it was great Christmas new. At last.
utthesta
11-26 01:15 PM
Filed on July 27, we have not yet received FP Notice.
Talked to service center (3rd party customer service) on Nov 16, they have assigned a ticket, they mentioned USCIS will respond with in 45 days.
Talked to service center (3rd party customer service) on Nov 16, they have assigned a ticket, they mentioned USCIS will respond with in 45 days.
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small2006
07-02 04:17 PM
Medical = $600
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
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lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
gc_check
08-01 10:25 AM
Folks,
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.
The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )
One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)
Good luck guys - chat with you after another 29 days !!
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
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desi3933
06-19 02:52 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
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nolud
02-11 10:02 PM
Thanks Lazy
If these these letters aren't that credible, then it's also possible that the application may still be stuck in namecheck.
It's so sad to see how they really operate and they have to stoop to such low standards of ethics.
If I had a job where I needed to blow smoke to cover up for my de�fi�cien�cies, I'd be pounding the pavement the next day.
If these these letters aren't that credible, then it's also possible that the application may still be stuck in namecheck.
It's so sad to see how they really operate and they have to stoop to such low standards of ethics.
If I had a job where I needed to blow smoke to cover up for my de�fi�cien�cies, I'd be pounding the pavement the next day.
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rockstart
02-13 09:44 AM
I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.
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logiclife
12-13 03:29 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
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eb3retro
10-19 02:52 PM
EAD or Advance Parole?
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
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n_2006
05-22 04:00 PM
I was thinking how to get a high tec job with Z visa. Because you might need to tell the employer that you are on Z visa. Tech employer might be hesitent to give us job on Z visa.
But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.
But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.
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ssnd03
07-17 11:21 AM
I am not sure either way, however I have heard the FBI comment that they only flag a small fraction of cases. IF that is true, then the USCIS may just be using the FBI as an excuse.
jasquil
Well according to NSC they have completed processing of I485s upto Aug 2006 RD. They take only one year (and often less) to process I485s.
Pending I485s with earlier RDs are due to two reasons 1) retrogression and/or 2) FBI namecheck incomplete.
However, restrogression cannot cause wasted annual visa numbers. But FBI delays does. I doubt USCIS is passing the buck to FBI. It is a fact.
If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.
jasquil
Well according to NSC they have completed processing of I485s upto Aug 2006 RD. They take only one year (and often less) to process I485s.
Pending I485s with earlier RDs are due to two reasons 1) retrogression and/or 2) FBI namecheck incomplete.
However, restrogression cannot cause wasted annual visa numbers. But FBI delays does. I doubt USCIS is passing the buck to FBI. It is a fact.
If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.
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sunty
11-26 06:08 PM
As we can clearly see the positive influence of Quarterly Vertical Spill-over on the forward PD movement at least for EB2 I/C, it would be great to open a communication channel with DOS Visa Office just to get clarification whether the correct interpretation of the LAW would be the basis of the January 2010 Visa Bulletin.
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dingdong12
06-17 05:03 PM
I support this
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chanduv23
10-10 02:39 PM
Service industry is not always based on labor cost differentials. Many services are value added services. For example, stock brokers used to charge $200 and above for stock trades; however, electronic brokers came and made the industry efficient and hence can profit more by charging only $10 or even less. But this does not mean that the stock brokers are earning less. In fact they are earning more than before. However, their value additions come from faster settlement times and high volumes. This is easier to analyze. Now look at London or Hong Kong -- what services it provides and why is it booming?
High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.
Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).
Yes, and providing "Skilled Labor" is basically a value added service. Another poster Sanju got it right "Issue is not with body shops or companies, issue is within the thought process of these politicians - what they are trying to achieve"
High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.
Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).
Yes, and providing "Skilled Labor" is basically a value added service. Another poster Sanju got it right "Issue is not with body shops or companies, issue is within the thought process of these politicians - what they are trying to achieve"
more...
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tabletpc
01-06 01:24 AM
Venky08,
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
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nixstor
12-14 04:42 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
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gauravster
05-20 03:42 PM
Let me put it in an other way..
If you graduated from an IIT or IIM the chance that you are here in the US is 5-10%. Or in other words, 95% of those currently doing masters / PhDs in the US wouldn't be here if they were capable of securing admissions into an IIT / IIM.
Atleast for IITs pre 2000's 90-95% of the students are in the US. Even pre 1991, the first batches like 1969-1985 etc have like 1-2% people in India. The trend has changed only recently, even then it is more like 40-50% students after IIT/IIM end up here (if not immediately, after like 4-5 years).
But it is true of the people in MS/PhD in US, 95% are not IIT/IIMs as there are not so many people that graduate from these schools.
If you graduated from an IIT or IIM the chance that you are here in the US is 5-10%. Or in other words, 95% of those currently doing masters / PhDs in the US wouldn't be here if they were capable of securing admissions into an IIT / IIM.
Atleast for IITs pre 2000's 90-95% of the students are in the US. Even pre 1991, the first batches like 1969-1985 etc have like 1-2% people in India. The trend has changed only recently, even then it is more like 40-50% students after IIT/IIM end up here (if not immediately, after like 4-5 years).
But it is true of the people in MS/PhD in US, 95% are not IIT/IIMs as there are not so many people that graduate from these schools.
dineshksharma
07-13 02:13 PM
Definite. My journey was worth it, even considering all the diffiulties. In India, I had a flourshing practice and when I was planning to go to US, my friends will call be a "fool".
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
satishku_2000
07-13 03:49 PM
Should we be worried about the DREAM ACT?
Only if you have kids who are old enough ot age out ... I dont have kids but I can support the bill if the bill caters to dreams of legal kids too ..
Only if you have kids who are old enough ot age out ... I dont have kids but I can support the bill if the bill caters to dreams of legal kids too ..
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