Tuesday, June 14, 2011

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  • sparky_jones
    09-15 12:52 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    Congrats. Good to see an EB3-I approval. This is something we get to see rarely here. Hope you are able to celebrate with your family soon!





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  • paskal
    03-15 06:17 PM
    The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
    After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.

    As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....





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  • jack_suv
    07-19 12:21 PM
    Hi all,

    After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

    Pro:
    The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.

    Conditions:
    1.Maintain H1 till you bring spouse to USA on H4
    2.your spouse changes to f1 or h1 later after coming to usa
    3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.

    Cons:
    1. Your GC is approved before you get married - very bad situation.
    2. You are married but cant bring spouse on valid H4 if you dont have valid h1
    3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
    4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?

    The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following

    1. get married before GC is approved.
    2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
    3. Move spouse out of H4 into other visa.
    4. You Use EAD to get a different job.
    5. When PD becomes current, spouse applies for 485.


    Potential hiccups in this solution:
    1. USCIS does not like that you used EAD and shifted employer.
    2. Practical problems on getting a company to hire you on EAD.
    3. Doing a status change for spouse.

    If unmarried does not file 485 now::

    1. Be in H1 for a long time with same employer based on your PD.


    ==========

    As I see there are 4 categories of unmarried people

    1. Satisfied with current employer ; PD is in 2004 or 2005.
    2. Satisfied with current employer ; PD is in 2006 or 2007.
    3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
    4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.

    What are the recommendations for these 4 groups of people?

    Finally one has to consider layoffs or firings!!

    Experts please review the scenario and give your opinion on the above way.

    Thanks a lot. Welcome to the land of dreams and opportunities.





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  • rkat
    08-16 11:20 PM
    Thanks a lot everybody for spending ur valuable time replying to my Queries.!

    I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?

    Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..

    So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!

    So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??

    X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!

    How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!



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  • ramaonline
    09-25 06:09 PM
    if u stay outside the US for 366 days, the h1 clock is reset - then u can re-enter in h1 status for a new 6 year term - u must have an approved h1b petition, the new petition is subject to cap. (which gets exhausted really soon) -





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  • glosrfc
    01-02 05:44 PM
    Are you considering actually creating something in AS1?

    :)

    I already have something in AS1 that fits the guidelines of this competition perfectly!



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  • rvendra
    05-19 05:07 PM
    I have tried all the options including Infopass, congressional enquiry, Ombudsman numerous services requests still saying background check is pending.
    I am in the impression that background check is only related security check. Some senior member elaborate what it is.
    How many people still struck up in this background check.





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  • HV000
    11-17 11:26 AM
    This shows how ignorant U.S. Senate is!! Only now they will recognize the most important festival of the 3rd Largest religion in the world!!!

    U.S. wasted NO time in recognizing Jewish festivals!!



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  • ragz4u
    03-14 01:34 PM
    Hi

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.

    Thanks
    GCcomesoon

    This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278

    FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).





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  • nousername
    04-29 09:55 PM
    Dude, not sure what your question is.. Earlier you said your transfer is already in process so why this question?

    Anyway, if I understand your question correctly then here is the answer:
    1. Look for a new job
    2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
    3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).

    As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.

    Thanks you very much for your reply.

    I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:

    If any company interest to transfer my H1B, how it will work for me ?



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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris





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  • willigetagc
    08-11 11:36 PM
    that makes it tough.... Check with your lawyers. I presume your BC also mentions the name of the hospital where you were born.

    If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....

    Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.



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  • icecreamy
    08-30 03:02 PM
    oops ~ typo :P
    Thanks!
    I dont think you mean LUD on 485 correctly.
    It has to be after ND.





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  • pappu
    05-19 01:56 PM
    Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.

    AILA is not getting any response from USCIS as per the lawyer.

    How to check on the status of background check.


    It is really surprising

    - 2 Congressional checks revealed 2 different answers
    - Lawyer organization AILA not getting response from USCIS.

    I am sure you would have called customer service and after not getting satisfactory response, pursued other options



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  • pd_recapturing
    06-17 02:27 PM
    Today, I just saw in one of the threads in that a guy received his GC last week. He chnaged jobs twice on AC21. So dont worry, you can change jobs n number of times.





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  • kawosa
    08-19 12:53 PM
    Yep, just passed level III , today. Now will start applying for the charter.

    you must be a happy man today! congrats again.....

    I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..

    I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?



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  • chanduv23
    12-09 10:18 PM
    ^^^^





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  • cheg
    07-18 02:07 AM
    Thanks! This will be very useful. I hope it's accurate. :D
    http://www..com/





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  • anilsal
    01-14 12:04 PM
    I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.

    Thanks again to everyone for the suggestions.

    Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.

    So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.

    You would have saved filing fees and medical fees.

    But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.





    miapplicant
    10-06 08:55 PM
    Vnsriv...

    Thanks..I was just kind of curious to see, is anyone on the same boat as mine? Coz, most of my friends/network whom I had asked, got their status changed along with their spouses'. If its the same with the community, then I have to do something. But yah, It didn't occur to me that, if there is no answer, means, probably there aren't that many ppl in the same situation as mine...Thanks again...

    My spouse got his EAD card yesterday. We haven't recd any RNs or for that matter any notices so far. I applied as his dependent. I guess my case is similar to yours.





    sp99
    08-18 02:38 PM
    And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...



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