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  • techie.dude
    03-16 04:02 PM
    thanks guys.. thats informative riva2005.. The intention is not to screw with her application, but understanding the intricacies so that I can expedite my seperation. It is indeed a pain, with no kid, us both being independent, however with a townhome, with both our names on it. I am hoping and planning for an amicable settlement and one of the things that was debated as the gray area was this whole immigration - GC/485 derivative status that I had to reply - "please verify with an attorney" . The hold up is because of the want for an amicable settlement and agreement of terms, which I guess I will never have in entirerity.





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  • GCDelay
    11-30 11:39 AM
    xxx





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  • bluez25
    08-26 12:16 PM
    Hey all,


    Saw August Visa Bulletin on Mid July.
    Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
    Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
    Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
    Got the notarized copy of the employment letter.
    Started on July24th and reached July25th night.
    Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
    Went to Lister Laboratory and took the medicals.
    Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
    Got the results from Listor laboratory and went to the Doctor and got the medical report done.
    Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
    Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
    went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
    Tuesday Morning got police verification for me and my wife in our homes.
    Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
    Went to Commissioners office and collected the PCC from there too.
    Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
    Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
    Went to US Consulate on August 11th Morning around 7.30 AM.
    We were let inside and asked to wait in the waiting room for couple hours now.
    We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
    The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
    We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
    10.45 AM they called us around 10.45 and took finger printing for me and my wife.
    11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
    Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
    Started from the consulate.
    Started to US on last Thursday.
    Reached on Thursday here at LAX port of entry.
    Asked to wait for an hour.
    took finger printing and asked us to get our baggage and waited in the waiting area.
    One hour from there one officer called and said the passports are stamped and we are all set to go.
    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.





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  • cbpds
    06-01 07:00 PM
    Cant agree with you more, the below request should be dealt with separately instead of been clubbed with other major issues( akin to legal immigration clubbed with CIR), will need Congress approval though.

    Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.

    There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.



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  • nat23
    03-14 02:19 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.

    To answer your question: You DONT need a transit visa if you have a valid US visa.





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  • trexx7
    12-24 01:15 PM
    I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts



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  • nissan_1
    03-31 11:51 AM
    What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.

    Thanks in advance

    Dear Attorney,
    Thanks alot for taking your valuable time suggesting us on this issue.
    I appreciate your help.

    This information is very much helpful.





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  • supers789
    08-05 04:44 PM
    very frustrating.. Aug is here, and my PD is current now (using old employer 140).. but cannot file 485 since fragomen-PERM stuck in audit for current employer!!!

    I was waiting for PD to become current for almost 2-3 years.. at old employer... now its current.. and i cannot do anything... !!!! just wait and watch!!.. Audit result expected in 6-8 month per fragomen.. 6 years of h1b expiring in 10 months!



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  • texcan
    02-21 12:03 AM
    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).





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  • dpsg
    03-28 05:48 PM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them



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  • kumar07
    09-16 08:59 AM
    Hi Sandy,

    Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?

    I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?

    Thanks.





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  • Better_Days
    11-02 05:26 PM
    bump. Any insight from those who are smarter than me ?



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  • mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.





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  • randomdude
    12-07 12:01 PM
    A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

    Thanks in advance



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  • stupendousman11
    09-24 01:43 PM
    EB2 India from NC.

    Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.

    EAD CPO email on 9/23 :)

    Wife's EAD (applied together) still pending. No LUDs either.





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  • GlobalCitizen
    07-27 10:33 AM
    Thank you everyone!
    I have decided to apply.



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  • immi_seeker
    10-05 12:43 AM
    This Thread is to start the ball rolling for meet & greet for Arizona members. Arizona memebers especially the folks living in phoenix/Chandler/Gilbert/Mesa/Tempe area , if interested pls come forward and post on this thread.

    We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.





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  • wandmaker
    02-16 12:58 PM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    For Q1, Please call 1-866-487-2365
    For Q2, Please call 1-800-375-5283





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  • chris
    12-31 04:11 PM
    Is your PD is current ? Goodluck any how.

    My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
    The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...

    Here is the online status on my case:

    Current Status: Case Transfered to Another Office for Processing

    On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.


    I guess its happening randomly though but does not mean anything.





    immigrationvoice1
    11-29 04:55 PM
    I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.


    The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.





    walking_dude
    11-25 11:43 PM
    Let us not turn it into EB immigrants vs. undocumented fight. They are human beings too, with a dream for better tomorrow just like us.

    As long as CIR includes fixes for EB immigration there is no reason to oppose Legalization or the CIR. We the last CIR was opposed by our community not because it had Amnesty, but because it was really bad for EB immigrants due to the short-sightedness or some hard-leftist politicians. If CIR 2007 had pro-EB measures included our community would have supported it CIR or not.

    On a personal level, I support legalization as I am opposed to the formation of another underclass. Just like I feel it morally repulsive that Indians, Chinese, legal Mexicans and Phillipinos being denied voting rights for years based on the country of birth, it's equally repulsive that 12 million people will live in this country with no voting rights. (make no istake, most of them aren't going anywhere). It's a mockery of the reason that America broke away from the British Empire - 'No taxation without representation'. (Studies have shown many undocumented immigrants in good paying jobs pay taxes using fake or someone-else's SSN. These taxes add up to millions of dollars every year)


    CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

    The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

    CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.



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