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  • msyedy
    01-10 09:06 AM
    Friends,

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.

    Outcome:

    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time

    No one can guess on this issue., believe me.......... Dont keep hope that in 1 year ,2 years you will have GC.
    Guessing is not allowed in this situation......................




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  • eyeopeners05@yahoo.com
    04-30 01:19 PM
    July 2nd 2007 485 filer. EB3 - July 2003 PD
    Received EAD and AP in September 2007.
    H1 of current employer valid till 2010
    Married in November 2007 and wife in USA in Dec 2007 on H4 .
    180 days after 485 filing completed in Dec 2007.

    I heard that I cannot use my EAD now to switch jobs as my wife will be out of status since she is not on my green card file yet(dates have to be current to add her).

    Now, I have a new job offer. Can I use AC 21 and have the new employer file a new h1 and h4 and do a job change ?

    Can anyone let me know if I will have any problems either with my green card or with my wife's status in the USA after the change filing a new h1 and h4?




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  • paragpujara
    09-18 04:52 PM
    Yr employer is correct. You can't apply for SSN before OCT 1st as yr H1 starts from OCT 1st. When you go to SSN office, they look at yr current i-94 to find out yr current immigrant status (H1/H4/L1,etc) and if you current i-94 is for H4 then they won't allow you to apply for SSN. I had same exp for my wife. We applied on 2nd Oct in VA.

    Hope this helps.


    I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !




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  • jaggu bhai
    08-24 09:52 AM
    Thank u all very much for ur valuable suggestions.
    It boost a sense of rightness when I share at Immigration Voice.
    So much experience......available here.



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  • senthil1
    12-05 05:44 PM
    No difference this year. This year most H1bs will go to Indian consulting companies as they will process and keep them in India. Also many US Master degree graduates will pay money to consulting companies and get H1b though there will be no new jobs. Only US companies like Intel,Google will reduce/stop hiring H1b and non H1b.

    I think H1b will last more month this time than past 3 years. And lawmakers will think its not right time to increase.

    I spoke to 1-2 relatives who are having consulting business and they told me they are reducing work force.. ( Not lay off but not interested to hire more and more h1b in this slow economy ) ....




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  • tnite
    03-18 10:57 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?
    Some folks have had success at the infopass getting this information but for most cases they will not be able to tell you. The might be able to tell you if the file has been assigned or not.



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  • rockstart
    06-15 12:42 PM
    Most of the info you are asking is already available on IV Wiki. Please refer the relevant sections


    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.
    Zimmyneuro




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  • uma001
    11-16 04:57 PM
    Hi,

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    "SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,
    Raj..


    Is your green card filed under EB2 or EB3?



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  • mmk123
    02-19 06:40 AM
    No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.

    if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..

    hope this helps, good luck.




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  • visshy
    09-13 03:40 PM
    o ok. how abt the insurance at that time? will she be covered or does that drop off too?



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  • stucklabor
    03-16 12:38 PM
    I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.

    Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.

    In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.

    In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.

    So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.




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  • totalvisa
    04-25 08:39 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?



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  • raysaikat
    07-17 02:17 PM
    A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.

    - From Greg Siskind blog

    Isn't $165/hour a steep rate?




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  • Raj Iyer
    09-23 04:00 PM
    Omi:

    In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.



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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)




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  • leo_loco
    10-21 08:31 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!



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  • n2b
    05-18 09:08 PM
    This is a really good action against the USCIS' lousy process! This should have happened long time ago and I wonder how many times several members have popped up the law suit approach before!




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  • Macaca
    02-20 11:58 AM
    washingtonwatch has survey for CIR (S 9). I encourage every one to post comment and vote.
    http://www.washingtonwatch.com/bills/show/110_SN_9.html#usercomments

    I see the following kind of posts at the above kinds of sites.

    I am almost 7 year in this country
    this country gave me lots of opt. but i am stuck with EB3 i am unable to file I-485 lets hope +ve for this bill please push this bill
    lets pray to God together.

    I don't see the following kind of posts at the above kind of sites.

    I have been folllowing IV for some time now and i feel core are just bunch of useless and ineffective group of people, with zero track record....... they are going to achieve NOTHING!!!!!

    Such a post would replace the word IV with Senate/House and the word core with the names of four important persons involved with our issues:
    1. Nancy Pelosi (Madam speaker),
    2. Zoe Lofgren (Chair, House subcommittee on Immigration),
    3. Harry Reid (Senate Majority Leader),
    4. Ted Kennedy (Chair, Senate House subcommittee on Immigration).

    Come on TIGER these are the sites to vent your frustation. You will get your GC (overnight delivery or even personal delivery by Nancy Pelosi + Harry Reid) with the above kind of posts. It will also show the way to the dumb contributing IV members.

    Please lead the way at the above kind of sites.




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  • cubedflash
    01-28 10:49 AM
    PJ,

    Sorry for the delay in the answer. I have never heard of an import staying with your FLA file after being erased. It sounds like there is an error in Flash. I would recommend contacting our support - support@erain.com.

    Here are some tips from my friend Rushvision on keeping file size low:

    There are a number of different things you can do to decrease the file size of your exported SWF. Here are the some things for you to try.

    Scale your objects down in the Scene Editor
    Go to the Layout Page on the Properties Toolbar and decrease the scene size. You are working with vectors, so your images will scale back up very nicely once imported into Flash.
    Some objects have settings that allow you to change the number of segments used to create it, such as the torus and the sphere. Decreasing the number of segments will reduce the amount of data that needs to be rendered.
    Get rid of any unnecessary bevels. These add considerably to the total number of polygons that make up the objects in your scene.
    In the Preview and Export Editor under the General Options, you can set the Detail Level to low.
    Setting the slider farther over to Curves will usually result in a slightly smaller file size, but don't expect this one to work miracles.
    Experiment with the different Fill Settings. There is no one setting that works best for every situation. Try combining outlines with some of the simpler fill settings to get the greatest amount of detail and the smallest file size. It will often be a compromise on some level.
    __________________
    mrush

    Good luck!

    -cubedflash




    wanaparthy
    03-25 01:32 PM
    -




    Bush
    07-22 11:09 AM
    By Mistake.I said yes.



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