Friday, June 10, 2011

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  • mbartosik
    05-30 01:28 PM
    I understand if someone was stuck in BEC, we all got s****ed with that.
    But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.

    PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.





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  • roxychaney
    03-02 11:39 AM
    Just out of curiousity, does traditional painting qualify?

    o yea, guess i should have asked this before posting!





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  • dixie
    02-10 07:30 PM
    I agree - the UK govt's policy statement, at least on the doctor's issue was clear : "We had a shortage earlier, therefore we needed foreign doctors. The shortage no longer exists, so we no longer need you. Please leave before mm-dd-yyyy". Contrast that with the US govts "we love your brains but hate your bodies policy" .. on one hand corporations cannot do without foreign skilled labor, at the same time folks like Lou FOULMOUTH and his cronies in congress and elsewhere cannot do without bashing them. In the tug-of-war between these two parties, we are left to rot on the sidelines - neither kicked out, nor allowed a rightful place to progress in society. If thats the case, why don't they simply remove the dual intent clause (and all those 1-yr / 3yr dole-outs aka extensions) from the H1-B program ? Thats better than having to live 15 years on an H1-B.

    UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.





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  • intheyan
    08-20 02:34 PM
    The same here. The primary got approved and the dependent is still pending.



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  • SlowRoasted
    06-25 05:23 PM
    did this poll get lost in that hacker attack? just wondering.





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  • mhathi
    10-01 11:00 AM
    Priority date needs to be current both at the time of filing 485, as well as at the time of approval. Hence, PD is very important even after filing. The issue I do not understand is how the applications are processed. Are they processed in the times only when PD is current, or are they processed regardless of PD but lie in pre-adjudicated status until the particular applications PD becomes current again (if retrogressed)?



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  • roseball
    02-20 04:14 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.





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  • webm
    04-21 02:39 PM
    Congratulations on getting your GC !!!

    I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.

    Was there any LUD on I-140 case after your FP?

    Regards

    Normally there should be a LUD on 485 after FP is done (same day/next)..



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  • ravi.shah
    01-06 01:33 PM
    As always, lets hope that some or the other bill materializes and provides much needed relief to those waiting in line :)





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  • gc_buddy
    05-05 09:59 AM
    Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.


    http://www.immigration-law.com/


    05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

    * As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.



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  • nlalchandani
    05-29 11:09 AM
    Is there any specific time the appointments show available..IST or CST..Maybe they have a batch job that runs and makes appt available ..





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  • hopelessGC
    04-21 01:45 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
    H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.

    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.



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  • m.e.g.
    03-31 03:07 PM
    That is a good question....because I have tried to save it as PDF and an EPS as well seeing if that would work, but it doesn't even show up as an option to open on the Blend side. Only the .ai file showed up. But I will try to export it with the PDF options.
    I will mess around with it a bit...Be back in a sec...





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  • ash27
    04-01 01:21 PM
    Is there any clause that for AC-21 to be valid, a full time offer is required? The offer letters provided by companies like TekSystems are more contract based and you basically get paid/hour.

    Please advice!



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  • joydiptac
    04-22 07:35 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
    Case 1: The guy went for his MBA
    Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.

    In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.

    I suggest you get a second opinion from another lawyer before wasting a LOP.
    Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
    Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.





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  • pointlesswait
    05-05 10:08 AM
    absurd..!!



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  • austindesi
    07-15 11:19 AM
    I am in Austin, Texas.
    Will be there for rally in Houston. I am surprised to see very few replies for Texas chapter. There is only 1 reply from Austin and as we know, Austin has significant desi hi-tech crowd. Let's try to do something in Texas. How about organizing rally at State Capitol Building in Austin?





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  • bmoni
    12-22 12:27 PM
    Thank you so much GC_2007.





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  • krishmunn
    01-05 12:55 PM
    They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

    As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .





    varshadas
    02-17 12:43 AM
    A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.

    I just want to go over what we discussed in the call in brief:

    Goals of the state chapters
    Increasing the membership
    Meeting the law makers

    Methods to increase membership
    Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
    Distribute the flyers in the local train stations where traffic is maximum.
    Distribute the flyers in the local temples.
    Try to participate in local community events.
    Try to get onto the local Indian/Chinese radio channels.
    Try to connect with people at work and school.
    Try to get stories in the local newspaper.
    Any other methods can be explored by the individual state chapters.

    Meet the law makers
    Go to www.immigrationvoice.org
    Click on Resources on the left
    Click on Resources for "Meet Your Local Maker"
    There are a number of things here that would help you in this.

    People from the local constituency should set up an appointment with the
    Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
    Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.

    For setting up the appointment, we used the following letter format provided by the core team:
    ************************************************** ******
    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
    non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
    meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are
    suffering due to these delays and wish to bring this important issue in front
    of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:
    ************************************************** ******

    Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
    heading called Materials for the meeting in Resources->Meet Your Local Maker.
    If possible, take your laptop for the presentation.

    Begin by introducing yourself and that you are a member of IV which is a
    national non-profit organization that is working towards providing relief to
    skilled legal immigrants and that there is no other organization like
    immigration voice in the USA.

    Talk about the good things that the Congressman has done for the community (Research in advance).


    More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.

    If anyone has any questions, please contact IV or you can contact me too at
    varshadas@hotmail.com.





    solaris27
    02-24 01:26 PM
    i don't know but he put it there



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