Monday, June 20, 2011

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  • looivy
    02-22 02:37 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.




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  • Kevin Sadler
    May 2nd, 2005, 07:50 AM
    Nice shots, Anders. And you're right on track with your thinking about getting wheel spin to really enhance the photos mixed in with a combination of panning shots as well. There is something about wheel spin and motion that really adds to an image. Cox's pic is a great example and dan13 has some good ones in his gallery too. So the question is how much? Just enough is the answer. One of my buddies is a professional auto racing photographer. He's had mag covers and they fly him around to different tracks, even to Japan. So he's the real deal and very good and his published pans are flawless. But he says it's still trial and error and every track condition is different and it still takes a bunch to get a good one. Now he can get dialed in a lot quicker than most of us, but you get the point. Keep slowing it down until you get it. :) Hope that helps a little. Later, Kevin




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  • sdrblr
    07-21 04:23 PM
    We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.


    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas




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  • ritwik_ind
    11-16 03:17 AM
    This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.

    :)


    great... Thanks kirupa.



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  • rongha_2000
    04-30 05:24 PM
    Its kind of an interesting thought process, but I am curious why do you assume that NON-Perm cases will be very few? And also forgive me for being negative here but you are "assuming" all those parameters which are critical to the decision making process. This is a very interesting approach and if we can get real data to back this up, then nothing like it. (BEC cases will be a big factor in this calculation)

    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.

    The rational are as follows (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.


    Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).

    Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.

    Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
    Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
    Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
    Assumption 4: NIW applications are negligible
    Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
    Assumption 6: 50% of visas are used by retrogressed countries.

    Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
    Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
    Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.

    So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.




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  • solaris27
    10-16 01:11 PM
    i had LUD same day and one day after .



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  • BECsufferer
    05-11 09:17 PM
    If everybody writes one letter per week to President O. and mail it using postal mail, soon their would be a buzz. We need that buzz now.

    It will cost us $.44 each to mail letter and as these letters continue to pour in (obviously re-directed to waste bin), the word about all this will leak to media and ultimately to Mr. O.

    Want to do it?




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  • lostinbeta
    10-28 10:21 PM
    Yeah, usually people look for credentials when finding a web designer.

    You know what you could try to do?

    Possibly create so mock sites to add to your portfolio to show people who are looking.

    Like they don't have to be for a real company, make something up, build a site and use that to show people.



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  • rampabbaraju
    02-09 07:47 PM
    When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.

    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.




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  • gultie2k
    07-02 08:41 PM
    Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.
    Thanks



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  • singhsa3
    10-22 01:00 PM
    Some one gave me negative feedback on this thread.
    To that person, why not you come out in open and discuss your problem.




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  • Canadianindian
    11-14 09:16 PM
    The December bulletin is extremely frustrating.

    Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.


    Hello all IV members,

    I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.

    A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,


    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    how about holding another DC rally?

    We have to do some big about all this crap!



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  • sbmallik
    12-27 03:18 PM
    To the original poster:

    Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.

    BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.




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  • crystal
    03-28 11:02 AM
    I think it is not fully functional yet. When I search on Country it results in nothing. Good start it is.



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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.




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  • MightyIndian
    10-28 04:43 PM
    Happy Diwali. Do not lose hope.

    Shraddha and Saburi wins the game.



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  • chansek
    07-21 11:38 PM
    Hi,
    can we send Personnel check for I-485, EAD and Advance Parole filing fees.

    Thank you.
    chansek




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  • vicky007
    05-10 10:38 AM
    Reported on http://www.immigration-law.com/.
    Here is the Linnk for the news article.
    http://news.yahoo.com/s/ap/20060510/...tion_employers

    This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.

    We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).

    If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.

    This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.




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  • sky7
    07-26 10:09 AM
    Dear all...

    I need some advice here...

    Here is my current status:

    **LC filed: Sept 2002, EB2, RIR
    **I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
    ** On 7th yr H1B ext - expires March 2007

    My questions are:

    1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

    I actually asked the my lawyer the similar question, this was her response:

    "There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"

    Can I get a second/or more opinions on this?


    2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?

    3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?

    4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?


    I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)


    Thanks in advance for ur help

    Sky




    immi_enthu
    09-28 06:01 PM
    i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)

    when did your application reach USCIS. yes the online date is Notice Date.




    reno_john
    06-18 12:34 PM
    U need to Say the last entry because H1B visa will tell you the stamping city. SO u can go ahead and tell them the port of entry u came to USA after H1B stamp, since u will be sending a copy of ur passport and they will see ur Canada visa and also the H1 visa with Canada as the date of issuance and that will be in the USCIS database, because they verify before they issue the H1 visa.



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