Lunes, Hunyo 13, 2011

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  • vikki76
    09-19 03:00 AM
    I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

    1) Is it necessary to book tickets in India?

    2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

    Please reply with your experiences.

    Thanks in advance!

    you can book from expedia/orbitz. We recently booked on American Airlines for parents.




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  • EndlessWait
    07-25 05:01 PM
    Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:

    On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.

    So please save this idea for future use if others also recommend it.

    So you thought that because the flower campaign worked, we should come up with a similar approach.. As IV has suggested, make awareness by meeting your lawmakers , put yourself on youtube, contribute to IV etc. if you really want to campaign. Just giving blood which perhaps would not be donated is insane.




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  • perm2gc
    08-30 12:54 PM
    questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.

    thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...




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  • dyamannavar
    11-28 10:15 AM
    I had a LUD on I140 as well on 11/25. I140 was approved last year.

    Rajeev



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  • Onlytruthnobs
    06-01 01:34 PM
    Hope for the best and prepare for the worst.

    Go with every document that you think is important. Also, consult your company's lawyer.

    I think it is going to be ok.

    Good Luck and please share your experiences when done.




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  • macrosky
    06-13 11:29 PM
    I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.



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  • abracadabra
    05-30 02:22 PM
    The window closed automatically, no luck




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  • delhirocks
    07-18 07:13 PM
    Reason for rejection is at that time visa numbers were not available.

    Whats your PD...Iam assuming you applied in 05/2005 because the vb said your dates were current.



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  • iv4gc
    07-28 10:04 PM
    Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.




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  • eb3_nepa
    07-28 01:37 PM
    Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.

    The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.

    Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.

    So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??



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  • bharol
    08-18 11:52 PM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007


    So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?

    Come on. Dont be dumb.




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  • Leo07
    10-16 10:40 PM
    Thanks All!
    I went with regular.I learned that I could upgrade anytime after I receive the receipt. So, if there's any changes as others have warned in the forum, I'll upgrade at that point.

    Not sure if my response makes sense to most, but, I wanted to get this done during Nava Ratri. My attorney wouldn't process it Premium way until they receive the physical check in hand. Which means I'll have to push this into next week, I was not ready for that either.

    Long explanation, but all who responded and viewed the thread deserve one.

    Thanks for responding. BTW, the fee they quoted me was $1250.00 ( 1000 + 250 processing fee)

    Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))



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  • rajivkane
    09-16 11:49 AM
    Hi Guys!

    By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.

    Thanks,

    Raj




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  • maddunr
    10-19 11:57 AM
    Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

    As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

    I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

    Have others gone through such an experience? Am I a source of residual income for his office?

    Thanks in advance,
    V



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  • tictac
    09-08 10:32 AM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.




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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!



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  • ramus
    07-06 10:43 AM
    It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.

    Thanks for your support.


    As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

    I believe this is the provision we should fight for instead of CIRcus.

    What are your thoughts?

    Thanks
    Sree




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  • sayonara
    10-15 12:23 PM
    Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...




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  • Soul
    04-28 10:50 AM
    Kit, you just copied my vote :P

    - Soul :s:




    yestogc
    05-05 04:24 PM
    yes 100% true, more salary is no concern. Designation and job roles is the key.

    For marriage, attach
    Marriage certificate, any joint accounts that you may have, marriage photos




    amsgc
    09-10 12:27 AM
    It takes 15 calendar days. You should hear something from USCIS next week.
    Good luck!

    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them



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