Wednesday, June 15, 2011

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  • CreatedToday
    02-11 05:55 PM
    To lighten up the moment after March Visa bulletin holds no prospects...

    http://thepinkchaddicampaign.blogspot.com/





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  • bekugc
    04-19 05:59 PM
    regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.





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  • jetflyer
    06-12 01:43 PM
    Success Formula for EB2-I:
    1)- Get rid of all EB3 => EB2 conversions
    2)- Get rid of all Subs

    And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

    Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah





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  • gcisadawg
    04-21 08:54 PM
    My H1B was filed on Feb 10th and got approved around March 15th. 10th year extension.
    Full time employmnet. No RFE. Since my I-140 wasn't approved, I only got 1 year extension.



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  • questions
    06-10 03:29 PM
    Kothuri you are most helpful. I agree and think I will benefit from filing one, but am concerned about the cost involved doing so.
    I currently cannot rely on my former employers lawyer and will have to pay for this myself.

    Can you give me an indication on the total amount of hours spend by your lawyer/total cost for doing this on your behalf?





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  • rrajendra
    08-05 02:24 PM
    Hello all,

    Recently I got my H1B stamped at Mumbai India, this was my
    third H1B, and fifth US visa(I got two B1/B2s in addition). The
    US Visa stamping process has been streamlined and better organized
    than it was when I got my first one in 1999!:)

    Process started with me paying visa fees upfront at HDFC bank.
    after paying the fees, they will give two copies of the receipt,
    one for you and one for the consulate.

    Next step is to get yourself photographed. Every photo studio
    in Bombay knows the specification now, so it was no problem.:)
    Get digital copies of the photographs.

    Next step is to go online and fill the application forms. One needs
    to upload photographs and enter the fee payment receipt number
    in the form. Once completed, print the application after saving.
    The application form has a bar code, so please make no changes
    after the printout, if you do one needs to take a fresh print.

    The next step was to arrange an appointment for visa stamping
    which can be done online, once appointment is fixed
    one can go to the visa application center which is very
    near the Consulate at Breach Candy. They will verify the application
    and give you a confirmation of the appointment. Make sure
    that you submit your application form at least three business
    days before the visa appointment.


    To avoid the morning hour traffic we checked into a hotel
    near the consulate. The appointment was 10:30 AM, but we
    reached the consulate at 10:00. The appointment confirmed
    suggested we do not go to the consulate before 10:15, but
    went ahead anyway. The security let us in. :) The consulate
    was full of visa aspirants, and I braced myself for a long wait.
    We submitted our application forms after getting our fingers
    printed.

    To my surprise, we were called for interview at around 10:10.
    The consulate officer commented that I have already lived
    in the US, to which I said yes. The question was repeated to
    my wife, who also had a stint in the US. Then she asked me
    what kind of work I will be doing in US. I gave a rather long
    answer which I guess bored her a bit. My six year daughter
    complained that it she is tired, the consular officer started
    small talk with her. Then she said my passport will be sent
    by courier. By 10:20 we were on our way back home.

    We received our passports separately over the next 10 days.
    surprisingly my daughter got hers within 2 days, but my
    wife had to wait full 10 days!

    I am in the US now :)



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  • asdqwe2k
    07-04 04:40 PM
    Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.

    A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.

    Who knows how many more irregularities happened there during last two weeks.

    There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..

    For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..





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  • ocpmachine
    07-23 07:59 AM
    Lately, USCIS has started looking into H1B transfers more carefully and giving applicants tough time approving it with all kinds of RFE, read through the forum for others experience, keep that in mind before making your move...I am not trying to scare you though, its just a pointer to whats going on currently.



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  • gdilla
    02-28 11:59 AM
    I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.

    I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.





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  • HV000
    02-02 03:11 PM
    This is one of the political gimmicks employed by the elected reps. during this Election Year!! Ofcourse, citizenship applications represent a vote bank.



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  • lazycis
    01-12 07:53 AM
    I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.

    BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)

    AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).

    http://www.ailf.org/lac/clearinghouse_mandamus.shtml





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  • aj_jadeja
    04-20 12:12 AM
    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.

    Well now days US consulate have started 'returning worker quota' for every weekday appointment. I used that procedure in Dec 2005. My return date was 2nd Dec 2005 and i went to Visa appointment office on 23rd nov and they gave me appointment for 30th Nov .

    I also came to know that mumbai consulate takes some candidates (emergency case) without any confirmed appointment from 9:30 to 10:00 am.

    Hope this helps.

    Aj



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  • iad2ead
    01-10 05:03 PM
    I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.

    I would like to renew my EAD/AP which has expired in Oct'08.

    My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.

    Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
    help or paper filing is efficient? Any experiences from forum members regarding
    this will be appreciated.

    cheers
    Iad





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  • immilaw
    12-14 11:42 AM
    This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.

    3-4 more big raids like these and CIR will be passed in a jiffy.



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  • diqingshen
    07-11 02:09 PM
    From my lawyer:

    We are being told that they are holding all of them for now. We are unsure
    where this will land because of congressional pressure and lawsuits that
    will be filed. We are still waiting to get more answers about what
    immigration plans to do.





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  • rchristopherriley
    11-01 09:11 AM
    I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.

    1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?

    2. How soon will the service center accept the renewal applications before they expire?

    3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?

    4. What paper work do I need to submit with my applications for renewal either by online or manual?

    5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?

    Experts please advice.



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  • nlssubbu
    06-20 02:41 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks





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  • delax
    08-06 07:40 PM
    If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.

    Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:





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  • diptam
    02-24 04:30 PM
    The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.

    But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.

    The choice is yours !

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.





    martinvisalaw
    09-09 10:02 PM
    CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.

    You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.

    I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.





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