Sunday, June 12, 2011

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  • ashkam
    02-25 09:27 AM
    I agree with wandmaker. File for a transfer to H4 (form I-539) just so you remain in status and don't have to face uncomfortable questions in the future. The moment you get a new job, you can apply for a new H1B which will not be subject to quota. Some people (http://immigrationvoice.org/forum/showthread.php?p=320180#post320180) even suggest that you can start working immediately after you apply for your new H1 and get the receipt. I don't know if that's true.





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  • mrajatish
    03-25 12:10 PM
    Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.





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  • chandrajp
    06-19 01:14 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
    The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website





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  • drirshad
    08-09 02:06 PM
    U - Useless
    S - Senseless
    C - Cruel
    I - Insane
    S - Sluggards

    And this is not the official USCIS but my assumed few not so much working sleepers.



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  • sathishav
    02-25 10:48 AM
    It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.

    That's a good point. Never thought about that.





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  • sohilbt
    09-10 10:40 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.



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  • sathishav
    02-25 10:23 AM
    Guys,

    Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?

    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.





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  • s416504
    02-04 03:48 PM
    You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
    I think that will give clear idea if USCIS not finding you I140?

    My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

    I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

    I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.


    its the same co. which filed my I-140 & I-485.



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  • JAK
    06-21 05:23 PM
    check out Rite Aid, six pics for 7.99, but there is a mail in rebate ...so it's free...cant get any better then this...so all the marwadi's stop looking !!





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  • hemtir
    06-24 09:43 PM
    Hi Augustus,
    Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.

    Please cross check with the doctor on this before reaching any conclusion.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.



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  • zoooom
    10-27 11:33 AM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.





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  • yogirajd
    11-10 02:00 AM
    Have you done a fulltime MBA from India?
    Yes



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  • Anil_s
    06-28 08:15 PM
    Hi,

    I came to US on Aug2008 in L1B for company A.My L1B expires in Aug2009.I have a L1 visa for one year only.Meanwhile I had applied for an extension on L1 which got denied.I have got a valid B1 Visa till2018.

    Now can I apply for H1B for the year 2009?
    Am I eligible to stay in US even after Aug 2009 till I get approval for H1B?
    Am I eligible to apply for a Green card in the above situation and have a uninterrupted stay in US?
    How will it affect my wife who is in L2B currently?

    Regards,
    Anil





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  • Ramba
    09-17 06:53 PM
    My PD is July 2004,
    RD July 2, 2007 - NSC
    ND : Aug 9, 2007
    I-140 (EB2) approved in Nov 2006 (Single I140)
    NC Cleared Oct 2007
    Biometrics Updated by USCIS on Feb 2009
    Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
    Last slud on Apr 14, 2009.

    I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
    Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))

    ?
    Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
    I wanted to know if anyone faced similar issue and how to fix this .
    Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
    Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.

    PLEASE HELP.:confused: :mad:

    what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?



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  • dilbert_cal
    07-11 03:19 AM
    Emigration or Immigration ?? Isnt there a difference between the two ;-)

    As per m-w.com
    Emigrate :-
    Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
    : to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>

    Immigrate :
    Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
    intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence

    Hope the writer of the article knows the difference too....





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  • bipin
    03-17 05:53 PM
    I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1 & I140 application. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. I’m in my 6th year and just started my Labor process with the new company.

    My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.

    How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)



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  • jonty_11
    02-05 04:25 PM
    Sounds like another case of Consultancy Exploitation of Skiller Worker (CESW).
    If they are not showing the intent to deny letter, they may be want to prevent you from quitting the company and going elsewhere now that u have ur 3 yr H1B with you.....be mindful of that.





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  • priderock
    05-02 12:46 AM
    Link : (http://judiciary.house.gov/media/pdfs/Kaplan070501.pdf)

    Very interesting read.





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  • sapota
    09-27 12:09 PM
    I have a question for people who get fingerprinting notices to be done at San Antonio, Texas.

    Do you people know of any childcare facilities that exist around that place to drop off toddlers during the finger printing process (I am not sure if they allow kids during fingerprinting).





    gcjourney04
    09-04 04:53 PM
    hi

    all, we received our approval notice email on sep 1 for me and my wife.no cpo or welcoming email yet.





    iad2ead
    01-10 05:03 PM
    I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.

    I would like to renew my EAD/AP which has expired in Oct'08.

    My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.

    Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
    help or paper filing is efficient? Any experiences from forum members regarding
    this will be appreciated.

    cheers
    Iad



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