Monday, June 13, 2011

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  • chanduv23
    08-02 05:55 PM
    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?

    thanks

    Same day passport collection - you gotta be lucky to get it on the same day.
    Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.

    You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.





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  • gceverywhere
    04-10 01:19 PM
    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.

    Pappu,
    I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.





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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.





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  • raysaikat
    04-20 10:54 AM
    Dealsnet thank you for your input,

    I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.

    Thanks for your help, I really appreciate it.

    The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)

    USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    "Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."



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  • letstalklc
    08-16 03:34 PM
    I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?

    As per my knowledge, in order to work with the new employer, you have to have a receipt number.





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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.



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  • s_r_e_e
    11-29 02:18 PM
    their email notif system doesnt work.. they may not send email on even hard lud.. I got email for my EAD approval a month after getting the card in hand! ..





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  • kmk2002
    01-09 10:38 PM
    Thanks for the document.

    But I think it does not cover 140 & 485 related expenses or contracts tied to these application.






    Thats interesting...will this new law cover agreement signed before 2007?

    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf



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  • milmuk
    02-06 07:35 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks





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  • paskal
    05-31 10:44 PM
    guys please do take a moment with the webfax if you have not already done so, this effort to spread our point of view and gain visibility with lawmakers is critical. if you have some time you can actually fax legislators from every state!



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  • gunabcd
    07-16 02:30 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
    You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.





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  • nashorn
    12-18 01:43 PM
    You sure can and better do have the atterney do the job. Not much people have experience on appeal/motion. I hope your atterney do.



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  • immigrant2007
    10-22 11:43 AM
    The future appears bleak and depressing considering the recent FOIA numbers which put EB3 GC wait times at approximately 8-10 years. Is there no hope at all? :(

    There is no hope at all especially when our priorities are so misplaced. Just see how many members even post to any meaningful thread and whenever there is any meanigful thread people are out there to make every effort to derail it using cheap tactics.





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  • logiclife
    05-30 03:04 PM
    As of May 30, 2006, our total contributions stand at $ 137,616.10.

    IV team would like to thank all the contributors who have shown a great deal of passion and commitment to this cause and helped us achieve the goal of reaching 130K by Memorial Day.

    We are extremely pleased with the enthusiasm of our membership. Almost 30% of our members have contributed funds at some point.
    Our contributions not only help us fund the public advocacy and professional help we receive from Quinn-Gillespie, it also represents the strength and commitment of the people who constitute this organization. The amount of funds we get is also a measure of the amount of frustration faced by nearly half a million legal high-skills immigrants who are victims of a broken system. It is also a measure of the strength and resolve of people who want to stand up to an unfair system and fight it.

    We thank all our contributors for showing a firm resolve and participating in this effort.

    "Always bear in mind that your own resolution to succeed is more important than any one thing."
    Abraham Lincoln (1809 - 1865)


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  • indianabacklog
    10-29 02:58 PM
    Source: NumbersUSA.com

    A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.

    --------------------
    I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.


    Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.

    In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.

    It remains to be seen if they are true to their word.





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  • vvvunlucky
    04-22 11:28 AM
    Is by any chance your passport is expiring by Nov 2010? Anyway, your H1 extension will be for 3 years as per my knowledge as your I140 is approved for morethan 180 days.



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  • sanju_dba
    10-29 12:40 PM
    How long have you been an NRI? asking NRE questions? neway... :)

    1. Seems most of the banks offer NRE account for NRIs. In general, which bank is better for opening such an account?
    -> Yes,All most all banks , execept few local banks like co-operative/union banks may not.
    My choice ( ICICI ,CITI ,SBI ). while ICICI has professional customer service/ and good online portal/managebility. They are matured in NRI banking than any other. They are little behind interest rates when compared to SBI. Free Remittance USD to INR will take about a week. SBI, with poor customer service/portal frustates me, but for safety, SBI is winner. Also lately i found remittance takes just 1day ( using their NY branch ), best exchange rate.

    2. Do all the banks which offer NRE accounts offer account services irrespective of which branch I open the account at? e.g., if I open an NRE account say in delhi, can I have access to and get service for the account say in bangalore? Or do I have to go to that particular branch where I opened the account? In this regard, which bank is better?
    -> I think now a days all big banks are having access to all their branches online, so you should be good in most cases.
    3. Which bank generally gives better exchange rates?
    -> SBI. ( with a difference of 2-5cents/USD ICICI,Remit2India, SBI ).
    4. Any pros or cons in opening the NRE account at one bank vs. the other?
    -> Yes, for ex: ICICI with its pros and cons, it has transfer limit of 2laks/day outgoing using online. I would say, open in multiple banks and get to know which one is better over the time. Also,othes can correct me here, TDS ( tax deduction at source ) applies per account/per branch/per bank. So spread your money in multiple banks to stay under the TDS limits.

    Hope that helps....





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  • dbevis
    January 20th, 2004, 11:07 PM
    Interesting. This is my first autofocus camera. Maybe I'm trusting autofocus too much? I'll try again with a smaller aperture and maybe do a manual focus. Maybe it's just a learning curve, but I have this camera with all of this automation and it seems that, more often than not, I'm shooting in manual mode and now considering using manual focus. With my AE-1 and A-1 bodies I rarely used the automated modes. I was hoping the 300D would be better, but it seems that when I use an automated mode I'm not happy with the settings it chooses. Do you folks with the professional cameras use the automated settings very often? How about autofocus?Or do I just need to get better at understanding the automated capabilities and use them properly.
    Thanks for the image feedback.
    Gary
    As good as autofocus is, it is still "dumb" - it has no concept of what you WANT in focus. It just hunts down an area with a sufficient contrast gradient and locks onto it. The focus rectangles are only an approximation of the area evaluated by the AF logic, anyway. In fact, the target area is almost twice the size of the marker in your view finder.

    So it's not perfect, not foolproof. I almost always am in Av or Tv mode, occasionally M. I have yet to use the automatic modes with the little pictographs. When I know I need control of depth of field, I set the aperture in Av. When I know I need to freeze the action, I set the shutter speed in Tv. Sometimes, M is called for (like shooting a macro closeup with flash).

    The "crop factor" (a D60/10D/DRebel sensor that is 62% of a full-frame 35mm film body) only compounds the problem because the things that are out of focus are 1.6 timse bigger and therefore 1.6 times more noticable.

    The guy who coined the phrase, "Practice makes perfect" had to have been a photographer. :)

    Don





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  • PavanV
    09-14 02:13 AM
    shreekhand, I think peshwa's comments are about right, its human psychology, the slaves organized and demanded their rights, but it took a long time to get that , but they were some among the slaves who did feel that they were going to get freedom from their masters if they really worked hard, do you think they would have gotten freedom if they had did just that ?





    kanshul
    05-11 07:21 AM
    You have the wrong link..





    ganesha
    09-04 01:32 PM
    I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....


    Folks;

    I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.

    Here is the content:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Also I as the primary applicant only received the mail...my wife's status is still unchanged...

    Best,

    SoP



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