Sunday, June 26, 2011

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  • mrajatish
    09-17 12:11 PM
    Oh one more thing I want to add - I do not know of a anyone who have kept the same title and the same job description for more than 5 years(other than doctors :)), have you guys heard of any? This is more scary as you wait for 7 years and then get laid off and then start from scratch again. At least, with family based, you will get GC after 10-11 years.




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  • amitjoey
    05-31 12:19 PM
    Recently joined.

    Contributed $200.

    Thanks Jitamitra




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  • martinvisalaw
    12-01 06:01 PM
    The relevant dates, as I see it, are:

    10/06: H-1B ext filed
    12/06: H-1B expired, ext still pending
    7/07: 485 filed.
    ??: H-1B ext denied?

    Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.




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  • s.m.srinivas
    03-31 10:42 PM
    Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
    "snathan", can you tell me what are the options for me now in this situation?



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  • morchu
    04-21 08:46 AM
    Depends on many variables.

    1. What is the field of your / your spouse's job? Can you find a good job in Canada?
    2. Is there any other variables that force you to be in USA. (Relatives etc..)?

    For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..

    "7 years" for US citizenship is tooo optimistic.
    If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.

    -Morchu

    well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

    So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

    My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


    Any thoughts??




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  • buehler
    06-03 08:52 AM
    I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.


    akred,

    The list that you had posted earlier - http://online.onetcenter.org/find/stem/title?t=0&g=Go are the Occupations that might require a STEM Education. What Bogdan wants here, is the list of degrees considered as STEM. There is a big difference between the two.



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  • pbuckeye
    06-25 08:02 AM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).

    Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.




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  • sujitp@gmail.com
    10-05 03:44 PM
    Please delete this post



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  • LookingForGC
    01-14 06:33 PM
    Congratulation. Enjoy your freedom.




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  • xela
    06-03 09:37 PM
    lawyer paper filed april 15th
    receipt received april 27th
    received date april 16th receipt date april 26th

    last soft LUD April 30th

    no fp notice or anything since

    called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change



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  • pushkarw
    12-21 12:44 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread!




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  • enqueued
    07-06 12:04 PM
    Dear Friends:
    I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:

    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]

    Dont worry - you are fine. I have traveled twice on two different carriers



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  • willigetgc?
    09-09 09:21 AM
    Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.




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  • Berkeleybee
    03-01 01:22 PM
    All you have to do is scroll down the home page.

    Let me know if you still have difficulties.



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  • pcs
    05-31 11:06 AM
    If all active 7000 members drop $10 in a single day, it will be $70K

    I can not start any thread due to some funny problem on the computer or the site.

    I do not know how fix this. Earlier, I could start a new thread. I hope, I am not blocked.

    Can some one help with this




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  • Dhundhun
    11-24 01:20 AM
    I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

    I think, individual can not possibly give "worked in company from... to..." and "number of hours". Only company representative can can sign that. The ex-coworker can certify only that "YYYY YYYYY worked with me from... to ...".


    Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.

    Ex-coworker can say that "While working with me Mr. XXXX XXXXX has shown responsibility and professionalism".

    As I mentioned earlier in this thread, the scope of ex-coworker giving experience certificate is limited to "working together". For example, some one behaving good with you might not be good with someone else. In company records, he might not have good records due to that.

    My lawyer strongly asked me that ex-coworker must write only on the basis of his own experience. He must not start representing company and start mentioning things like joining date (unless the person hired you), salary, etc.

    Well, in any case, your lawyer should be your guide.



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  • TEKNMEK
    03-02 10:25 AM
    I sent an email to chennai consulate requesting emergency appointment and they gave me the earliest available date. I had to provide my passport number and return travel date.
    Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.

    I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.

    I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
    So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.

    Just wanted to update all about my experience and thank you for all your help.




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  • gc28262
    03-26 07:10 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    Have you gone out of the country and came back to USA on H1B visa after that ?
    If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).




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  • senthil
    02-12 06:37 PM
    when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.




    amoljak
    05-03 07:32 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)




    kaisersose
    07-15 01:00 PM
    Hi Friends,

    My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.

    Appreciate any assistance !

    EAD is not a status. So how does her status change?



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