Monday, June 27, 2011

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  • saurav_4096
    03-14 11:22 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

    Hi nfinity,
    I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
    1. mumbai consultate,
    2. POE
    3. If you have any additional tips.

    Thanks
    Saurav




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  • mbartosik
    04-29 12:26 AM
    Prepare your evidence, this will include pay slips, emails, etc., write down a statement of facts, if you want to go the extra mile find the relevant parts of the statute (go to thomas.loc.gov and/or dol.gov) that ban the behavior where employer broke the law and print that out too.

    Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.

    Of course you want to make sure that no longer working for that employer does not put you out of status.




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  • cdeneo
    01-11 04:39 AM
    Thanks so much for your feedback on this query - this is really helpful.

    I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.

    Thanks again for your help with this query, I look forward to hearing from you.

    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.




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  • whiteStallion
    04-10 12:25 AM
    All the best pal....welcome to the club !:rolleyes:

    We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.



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  • tonyHK12
    11-09 01:39 PM
    Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)

    When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more

    yes agree.
    I don't think they are even trying to get skilled immigrants anymore, but just temporarily get many people in their 20s to mid 30s. Hiring drops drastically after mid/late 40s here anyway. I guess the logic is also that anyone can be trained locally to become a skilled worker (hopefully)

    current Immigration policy ends up getting mostly people who are familiar looking, friendly types, who keep up with the latest fads.
    I guess it depends on what they feel is more important and makes them feel gooood, happy.

    Good Media trick indeed,...infosys is giving money for this too???
    dude the economist is pretty reputed company from London




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  • nixstor
    08-23 12:16 PM
    I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.



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  • desi485
    07-28 05:45 PM
    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.

    sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.




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  • anandrajesh
    04-07 11:40 PM
    I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.

    Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?

    Any help will be greatly appreciated!


    Dont worry about it. Enjoy your cruise trip.



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  • anilsal
    06-29 04:10 PM
    My passport is filled with various schengen visas.

    I take the insurance from Travelex. It costs around $25 for one person.

    I once had an issue where one of the connecting flights was missed because the previous flight got delayed due to technical issues and since I booked from different travel agents, I had to shell out $300 bucks.

    I called Travelex to get the details about refund. They sent me a form. After that I procrastinated. Travelex kept sending me reminders that I have not sent the filled form (really, which insurance company wants to remind users about claims?).

    I sent the form and my refund came back within a week.

    I like Travelex insurance because it takes 10 minutes online and I expense it as part of my biz trips.

    I really really would like to see Europe issue longer duration visas. Their Schengen visa is plain ridiculous.

    By the way, I just came back from Europe yesterday.

    Many countries in Europe have free healthcare. So it is not really an issue to get healthcare. The insurance helps you when you have to be transported back or such in very very unfortunate cases.




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  • mdipi
    10-21 04:32 PM
    yeah i think so.....

    (by the way,,,,rollerblading is gay! skate for life----->ZYC



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  • sunny1000
    12-18 10:32 PM
    you know what...we should probably use the LCA weapon to our advantage to counter their arguement...Thanks Mallu for bringing that up...why didn't I think of that?:eek:
    will they join hands with us ..:rolleyes:




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  • DSLStart
    03-11 08:14 PM
    No you don't have to walk into any bank. Just visit

    https://remit.onlinesbi.com/

    Everything is self explainotary.


    Gurus,

    Can some body advise what is the best way to send money to India using SBI online?

    Do i have to have an account with SBI? NRE/NRO/Regular

    I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?

    I live in Colorado and hence do not have the luxury of walking into an SBI US branch.

    Any advise is appreciated.

    Thanks



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  • vips63
    09-23 04:02 PM
    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf




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  • fromnaija
    03-18 04:12 PM
    I think you have the right forms. I can't think of anything else to add.

    As pointed out this forum is dedicated to employment-based immigration. You may want to check the forum at immigrationportal.com where there is a section dedicated to family-based immigration. Good luck.



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  • rksaigal
    06-19 05:48 PM
    Let me enlighten you folks here who are talking about double standards.
    First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
    Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?




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  • sujijag
    08-27 05:50 PM
    We got 2 year EAD too, with 140 pending for more than an year :(

    I don't see any USCIS link pointing what Murthy & Co says. Probably its her own assumption.



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  • desi3933
    03-02 10:37 AM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

    Thanks
    Senthil

    If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


    ____________________
    Not a legal advice
    US citizen of Indian origin




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  • gc140
    10-22 07:34 PM
    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.




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  • lskreddy
    10-10 02:03 PM
    Paranoia at its helm. There are things that protect you like AC-21 when you don't have a GC. You have a GC, move on to the client job..

    The only concern is if you had a contract signed with your consulting firm that you would not join your client for x number of years yada yada, so check your contract, if nothing is in there, you should be fine..




    rbharol
    08-22 12:30 PM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?




    satyab7
    04-07 06:16 PM
    What if VISA is not given .. can you come back?



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