Thursday, September 1, 2011

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  • helpful_leo
    02-03 06:42 PM
    spgtopper:

    I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)

    Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)

    I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.





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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.


    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?





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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)





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  • Pagal
    12-17 12:36 PM
    Hello,

    An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.

    There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).

    In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.

    Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)



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  • nk2006
    12-14 01:25 PM
    Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.

    That is my point. House majority leader listed the priorities and immigration is not there. If immigration is not taken up in early-mid '07 it will be difficult to bring it up later � it will be presidential primary season and all candidates will try to position themselves to garner maximum party �base� votes. CIR is controversial to say the least and politicians may skip it to avoid any controversy. Our best bet was SKIL bill; in the new congress it has to be re-introduced and discussed. May not be possible - especially if there is a proposal to bring back CIR. Currently our best bet may be some interim measures during Jan-Feb when appropriation are taken up again (BTW is this right? Does appropriations are extended only until Feb 15th there will be similar bills before that? Can immigration related aspects can be attached to one such if possible).





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  • Alabaman
    04-07 06:52 PM
    Whats your discipline and industry?

    I am not sure I understand your point 1. "and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate".

    Your point 3 too... "I kicked there butt after getting selected and telling them on why did I do that". What do you mean?

    Hi Friends.
    I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
    Some tips if it may be helpful to others , that I recently expereinced

    1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
    2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
    3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)

    All the best to everyone.



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  • GCwaitforever
    10-04 05:45 PM
    Learn Dutch. That is more useful than French there.





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  • satishku_2000
    08-10 01:40 PM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.

    RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.

    Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process



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  • Munna Bhai
    01-08 10:52 AM
    Hi

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?

    Thanks

    photo copy is fine





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  • masti_Gai
    09-20 04:11 PM
    the link wouldn't have helped ya
    coz the link would also show the same date.
    Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
    so decided not to travel:(



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  • Jimi_Hendrix
    11-17 12:51 AM
    On passing of the nuclear deal. As you all must have read from the immigration voice newsletter, once the nuclear deal is through we will get renewed support from the Indian American caucus on our legal immigration reform needs.

    Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)





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  • arunsush
    06-19 02:01 PM
    I don't think you would have to take the skin test again. Produce the documents that you are on mediaction and that should suffice.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.



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  • rameshvaid
    04-09 04:30 PM
    I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.

    I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?

    ramesh





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  • Ram_C
    09-29 10:46 AM
    Immigrants at USC have helped design a special randomization program for LAX security called ARMOR! Doctoral student, Pankaj Paruchuri, and his professor, Milind Tambe, have designed this special program that will help National Security and enhance the security for all of us!

    A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)

    I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!


    link is broken



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  • sriwaitingforgc
    06-04 12:29 PM
    The online AR11 form is giving 2 options . which one should we choose?

    Only the first option (for US citizen) is giving options for pending cases!!!!

    * Yes, this change of address is for a US Citizen
    * No, this change of address is not for a US Citizen

    Thanks
    SK





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  • boreal
    09-22 03:59 PM
    Hi PCS,
    I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?

    Thanks,
    pcbadgujar


    Oh God!! People can and will do anything to abuse Labor Substibution.



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  • bitu72
    10-01 12:33 AM
    Hi,

    We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.

    Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.

    goodluck,
    vaishu



    which number to call to get more info about app





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  • Jerrome
    10-19 10:45 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.





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  • thuristic
    08-28 09:16 PM
    Gurus,

    Please shed me some light on this.

    I am an early 2005 PD, eb3 ROW, PERM and I-140 approved GC candidate who has been in the US for 5 years. This eb3 retro has convinced me that I should explore my options in Canada and plan to migrate north within a 6 month time frame.

    Since I already have an approved I-140, my question is whether the document will be alive if I do decide to come down again after 3-4 years when retro is no more.

    ....or is my I-140 a sure dead and not even worth bothering? Would appreciate your thoughts.

    Cheers,:o





    ivar
    02-02 03:04 PM
    No one on this forum who is waiting for PERM Withdrawal or has his PERM withdrawan earlier?

    Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)





    karanp25
    06-13 10:10 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.



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