Tuesday, June 7, 2011

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  • 485_spouse
    05-25 02:53 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    did it last month.
    It will take atleast 6 weeks.
    485_Spouse




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  • samy
    11-06 02:29 PM
    Glad to see your initiatives. But our focus should be different.

    The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.

    In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.

    Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.

    Please keep the spirit alive. Thanks.




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  • viswanadh73
    01-04 01:19 PM
    thanks




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  • gc28262
    06-27 10:48 AM
    Hi,
    I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.

    I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
    Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.

    Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.

    Please refer to Murthy site link here

    http://www.murthy.com/news/UDtermh1.html

    Q4.Can I apply for a status other than H1B if I am being laid off?

    A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.

    Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.



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  • wellwisher02
    03-29 09:37 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG


    ---
    As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
    ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.

    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.

    On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.

    I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.




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  • radhagd
    01-05 09:24 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.


    If I am you I would go with EB3 I140 and once it gets approve get a copy
    of approval and wait until Eb2 date crosses 2004 and find a desi consultant
    file labour under Eb2 and file I140 port my PD to EB2 .After filing 485 you
    can join desi company at that time.



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  • lazycis
    01-15 10:48 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


    -Supported the million dollar drive

    Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998

    Sec. 413 (a)(vi)(II)
    "It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
    is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."

    http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf

    Legal fees may be different.




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  • casinoroyale
    01-15 09:09 AM
    I am in the same boat. They are taking way too long to process H1-B extensions.



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  • nirenjoshi
    05-25 09:51 AM
    Several things to consider before making any decisions.
    1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into.
    2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt.
    3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc.
    4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion.
    5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts.
    6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies.
    7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you.
    All the Best!




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  • ronhira
    10-05 09:34 PM
    Neil, Hoffman, Greg, IIya, ,
    we will all love you.... and thank you for showing us the light..... to make this world a better place.....

    THANK YOU



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  • snathan
    02-03 02:20 PM
    Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.

    Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
    :D:D:D:D

    His resume is available at

    http://www.itgrunt.com/




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  • american_dreams
    07-31 04:48 PM
    Noting to worry. You will get your DL in mail. Till then you can use the temporary one. Usually the offices in the same state will be aware of the policies. But if you travel out of state some times you might have to just explain to them if needed.

    Till you get your DL in mail you have to use a differnt photo ID if needed.



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  • hopelessGC
    08-18 10:19 AM
    This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
    Just my opinion.
    Good Luck.

    I second that.




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  • illusions
    04-15 01:07 PM
    wow... man 9 years is like an eternity for me... you deserve it, wish ur wait would have been shorter tho, nevertheless you have it now so enjoy!



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  • stucklabor
    03-22 04:01 PM
    All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.

    Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.

    Sec 202(a)(3):
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    Our analysis:
    This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.

    Sec 202(a)(5):
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Our analysis:
    Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.




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  • eb2_mumbai
    10-28 09:37 AM
    Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.



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  • dealsnet
    10-23 08:55 PM
    Your labor wants masters only or bachelors with 5 years is acceptable?


    Look bullet no. 2.

    The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:


    1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)

    2. A three year Bachelor’s degree from India is equivalent to a US Bachelor’s degree. (2008)

    EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)


    MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)


    YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.


    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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  • GC_LOOKIN
    09-12 12:56 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.

    this sounds encouraging:) hopefully we will get receipts soon




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  • meridiani.planum
    04-07 05:00 PM
    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota



    just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.




    OLDMONK
    07-23 12:13 PM
    Dont know whether it matters.

    But R. Mickels.




    indiancitizen77
    08-25 09:29 PM
    I have been there a couple of times - once to the old office and more recently to the new office. Just make sure you pack a lot of patience because they made me wait for about 3 hours for my number to be called. When enquiring about name checks, they werent helpful. They quoted policy of not sharing info about cases pending in security checks. Congressional liaisons are generally more helpful. I hope my experience was timely enough to be helpful. Good luck!

    Hi all!

    I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.

    I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.

    Regards and Peace!



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