Monday, June 27, 2011

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  • qualified_trash
    08-30 11:38 AM
    yes there is. CALL YOUR LAWYER




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  • ak_manu
    10-24 11:40 AM
    Hello,

    I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -

    If baby has to travel to india, do i need PIO or OCI?
    What is difference b/w two?
    Can i simultanesously apply for PIO/OCI along with US passport?
    What documents would I need to apply PIO/OCI along and US passport?
    How long does everything take?

    Thanks,
    ak_manu




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  • IV2007
    06-25 12:06 PM
    Guys,

    My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

    What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

    We have planned for H1 stamping back in India while she's on vacation.

    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree




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  • transpass
    08-04 11:10 AM
    me too...NSC filer, but transferred to TSC...

    RD july 2, PD 12/2005



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  • panks
    04-02 12:07 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.




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  • bsbawa10
    12-23 12:58 PM
    You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.



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  • fide_champ
    11-08 12:26 PM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi

    Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.




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  • sbg
    07-16 08:11 PM
    Guys,Please create an account in numbersusa, the nuse their fax page where you have to put in your login information to convey our message. You can use the first, last name and address to put in what we want. Like you could say, "this is a bunch of lies" for the first name, "H1 pay all taxes" for last name etc. Use thier own mechanism to defeat their purpose. Guys please do it. We can no longer remain quiet. Even if we have a favorable decision for us today we are still in the woods, anything can change in a few years.


    thats crazy...on the other hand...I found this on their website:

    "You will now be redirected to the NumbersUSA Action Buffet.

    There, you will have greater faxing opportunities and the ability to customize your free faxes to Congress.
    In addition, the Action Buffet contains news articles tailored to your interests. "

    judging by their choice of words, it sounds like a group of fatties who just want to keep the competition (i.e us) out.



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  • Lydia
    06-18 11:23 AM
    I understand it is law but he is denying... I did offer him money, but he says a big NO.




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  • jayleno
    12-12 12:56 PM
    If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
    I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.

    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!



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  • snathan
    04-15 03:35 PM
    I am in.
    What do I need to do apart from contributions and convincing other friends to vote on the above thread?

    We need to cross 5000 mark first....




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  • pappu
    01-07 07:18 PM
    http://immigrationvoice.org/

    Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
    Contact your chapter leaders for various state chapter action items.



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  • Seems
    02-13 05:46 PM
    Legal Immigrants - Speak up!
    Immigration Voice is your voice
    Find your voice with Immigration Voice
    A Time To Act - don't just sit and wait for GC
    Get Involved - Its Your Life!
    Boond boond sey banta saagar - Join IV and be heard!




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  • golucki
    07-27 10:24 AM
    Nice Idea. Works Great!



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  • kandhu
    08-14 05:34 PM
    Congrats Wandmaker!

    Hope you will continue to Visit IV and help the community with your vast immigration knowledge.




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  • ivgclive
    03-20 05:37 PM
    Hi Everyone,

    Our Immigration status is EAD and my wife is pregnant,
    We are very happy with the news..

    There is lot of possibility for us to be in India during due date, based on few important events in family.
    We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
    (if mother stays in India for couple of more months)

    can baby also get Green Card when we (parents) are allotted green card?

    All your advices are always appreciated.

    Thanks & Regards,
    Satya.

    Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

    Congratulations!

    If you have the baby in India, you can bring only if you are in H1B as H4.

    EAD - Sorry.

    If you plan to stay in US, forget your family events, they are the payments you make towards your GC.



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  • ahasan
    05-31 10:18 AM
    This is my first time $100 contribution.
    Paypal Id: 31T703381K4953443




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  • waitin_toolong
    07-27 10:07 AM
    it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.

    1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.




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  • jsb
    03-25 03:47 PM
    Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits

    1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
    2. Don't send RFE to those in EAD during the this time of recession.

    I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

    Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.




    bsbawa10
    12-23 12:58 PM
    You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.




    pappusheth
    05-02 10:43 AM
    Thanks guys.. good to know that..



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