Wednesday, June 15, 2011

February 2011 Calendar Large

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  • kshitijnt
    09-16 05:21 AM
    My AP was approved last week (Monday) still to get in mail.

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  • USDream2Dust
    04-16 03:21 PM
    I was thinking on same lines. Who cares for h1 if 485 is denied. As days pass everything becomes so difficult. H1 used to be breeze 2 years back and now a lottery. GC is already retrogressed. Who knows when you start all over your GC again after 485 rejected what will happen.

    I would add another point at 5th line.
    You have 2 choices.
    First what kumar1 said.
    second stay in US illegal like millions of other people and get GC even faster.


    1. Sell all my stuff.
    2. Transfer all my liquid money to home country.
    2. Rent a one way van in New York.
    3. Drive cross country with family and have fun. Meet all my friends on the way.
    4. Return the van in San Francisco, take one way ticket to India.
    5. Start a fresh life in India, free of immigration woes.
    6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

    If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]

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  • ampudhukode
    03-24 03:51 PM
    Mr. HarryOm,

    I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?


    I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
    1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
    2. My Alien number does not show up in 797A approval notice as I have pending 485.
    3. The I-94# on passport card does not match with the one on new approval notice.

    Now My questions is :

    Do I need to get this passport#(1) typo fixed now or its ok?

    Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
    Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

    All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

    Any suggestions/experience are apreciated.


    PD Sept 2004
    I-485 pending
    I-140 pending
    EAD pending
    AP approved

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  • logiclife
    02-15 12:03 PM
    One more thing about stamping in Canada and Mexico.

    The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.

    So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".

    On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.

    Then you would have to fly directly from Canada to your home-country for stamping.


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  • addsf345
    11-20 04:21 PM

    Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?

    There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?

    I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:

    Thanks all for sharing.:)

    I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.

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  • guchi472000
    12-04 04:54 PM
    Even i am in same boat. Can you guys tell me what number did you called to Let them know regarding my Biomterics.


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  • krishmunn
    02-14 09:53 PM
    Big 5 has their own internal queue. What they mean by 6 months is after 6 months they will put you in the queue.
    For Desi consulting corp-corp, there are some tips by various attorneys including Attorney Khanna ( Attorneys are suggesting how to maintain reporting relationship with employer. Follow those practices and consult a good attorney for more suggestions and I believe you should be fine

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  • raysaikat
    08-15 11:20 AM
    I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?

    Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.


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  • Queen Josephine
    May 25th, 2005, 09:45 PM
    You also might try a less busy background - the stripes are a little distracting. You could fuzz them with a wider aperture (a 50mm f/1.8 is cheap and good for portraits or when out shooting random subjects). Have you tried converting this one to B&W? Sometimes that's more pleasing with high contrast.

    Agree with Cox about the background.... I kept thinking that what thing in the upper right corner was a hat!

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  • gettinthere
    01-08 10:50 AM

    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?



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  • seahawks
    01-10 11:36 PM
    my friends have multiple experiences, I went through Lufthansa, had no problem. My friend was telling me in France you do require, they wont let you board the flight if you dont have transit! Even if you check the consulate, the airlines have no clue. Asian countries like Singapore, absolutely no problem, direct non stop flights no problem either.

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  • uma001
    11-05 11:48 AM
    For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.

    Thanks Kumar


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  • Dhundhun
    10-19 09:27 PM
    #1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
    #2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".

    Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.

    Refer to, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".

    So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.

    We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.

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  • americandesi
    09-09 03:55 PM
    The problem is that most H1 employee's don't know their rights.

    They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.

    Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.


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  • brij523
    02-17 10:59 PM
    Sent you a PM

    Thank you.

    Any IV core member will like to join the call? It would be better.

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  • GCBy3000
    04-28 05:01 PM
    Below is my understanding as I searched for answer sometime back.

    yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

    If anyone thinks othewise, letme know.


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  • vin13
    03-12 01:27 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?


    Sueing is a tough road.

    Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.

    The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.

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  • roseball
    07-28 04:36 PM
    Hi Friends,
    I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.

    May be its my wild hope... still..

    If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?


    I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.

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  • sertasheep
    04-03 05:51 PM

    You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.

    There is no solution, other than legislative change to the objectives listed by the IV team.

    you should visit for spouse related issues.

    02-15 09:48 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

    07-14 07:01 AM
    I apologize for hijacking this thread. I could not find a way to create a new thread. I subscribed for monthly contributions almost 5 days back and still don't have access to Donor's forum. Emailed the admins, still no response. Can the admins take a look at this one please?

    And also how do I create a new thread? I did this some time back, but could not find it where to start.


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