Saturday, June 11, 2011

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  • mirage
    03-06 02:18 PM
    I'm from PA... I had called Senator Specter's Office earlier last week, today I called up Senator Robert Casey's office...

    You called office of which Senators?




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  • mundada
    11-08 12:56 PM
    Hi everyone,
    I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
    Thanks!!
    It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.

    I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.




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  • waiting_4_gc
    07-17 09:27 PM
    Here is the info about this in Washington post
    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html




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  • gg_ny
    07-31 09:54 PM
    gg_ny/others,


    1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


    2) gg-ny, can you eloborate on this please?

    (have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


    Thanks for your responses.



    Sendil
    Hi,

    I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
    1) unless you USE your EAD, H1 or H4 status wouldn't be affected
    2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
    3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
    4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
    applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
    5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
    it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
    6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
    7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

    Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.



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  • hebron
    06-21 10:58 AM
    Hi Guys,
    Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.

    Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.

    My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.




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  • freedom_fighter
    01-15 09:22 AM
    anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.

    How long does it take to get the actual card after approval notice is sent.



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  • Anders �stberg
    June 4th, 2004, 01:47 PM
    I find closeups are often surprising, gives a different perspective on ordinary subjects.

    I updated the posts to include EXIF data for each picture.




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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.



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  • gene-O
    10-20 05:27 PM
    Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

    When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

    Thank you,




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  • minimalist
    11-16 10:39 PM
    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.

    You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.

    Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.



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  • kosu
    09-15 09:18 PM
    After seeing your post I checked mine. On my 485 Receipt notice the section says: Adjustment as direct beneficiary of immigrant petition.




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  • yabadaba
    10-31 12:25 PM
    ita....google is ur friend

    just type in chennai consulate

    http://chennai.usconsulate.gov/



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  • partha_vus
    06-15 10:31 PM
    Hi Gurus,
    I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?

    thanks,
    :confused:




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  • mmanurker
    12-31 04:36 PM
    Is your PD is current ? Goodluck any how.
    I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?



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  • smuggymba
    07-28 02:18 PM
    Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???

    You can NOT. There is no such provision. Search for thread on this topic in this forum

    Even GC's can't claim...SS is only for US citizens or any other countries with which US has a treaty.




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  • milind70
    11-06 08:37 AM
    Though this may be off topic, it is related to travel and NIV.

    I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

    Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

    Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

    Thanks

    I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)



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  • morchu
    06-25 10:48 PM
    I believe the employer cannot legally penalize you for leaving the job. But some expenses like, "sign on bonus" are legally refundable if you don't agree to the terms mentioned. So it really depends on what exact expense they are asking (or otherwise based on the definition of a "penalty" vs "refund"). Also the employment laws differ between states (for example some allow non-compete agreements and some don't).




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  • chunky
    07-26 03:12 PM
    Her project is ending and her emplyer told that there is no more project.
    Can one stay in US in AOS pendings tage




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  • Roger Binny
    08-11 06:48 AM
    Answers in bold...

    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    - As usual no one knows

    b) can AC21 approach be used to port this to a EB2 category ?
    - Can you be more elaborate on this

    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).
    - If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.

    Thanks.




    aadimanav
    08-31 11:54 AM
    I think we all should VOTE in this poll.




    walking_dude
    10-26 09:57 AM
    Pakal, you just made an offer no state chapter can refuse :)

    Trust me, IN guys, it will get you more members. I got a couple of members to attend by calling them. Not all the members are active on the forums, though they are interested in doing the volunteer work. Even if the numbers that add up after those 30-40 calls is small, it does publicize the existence of the chapter to other members; who most probably will join once they start seeing the chapter stable and working for a few months (think of it as a publicity campaign ).

    You guys followup with Paskal, he can help you run a Newsletter to reach all registered IN members. Keep it supplemental to calling the members (and not as a subsitute).

    We ( MI chapter) recently had our meet. If you guys are interested PM me. I can provide you more details on what worked, and how we did preparations for it.


    Hi,

    I suggest you guys bump this thread periodically and keep it on the front page.
    Lynne, I can provide you some help with info on IV members in IN.
    Please pm/e mail me. Thanks for your effort!



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