Friday, June 10, 2011

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  • MLS
    08-07 05:22 PM
    I may be wrong but I remember reading that sometime back US made rule that the h1 stamping can be done only at your home country (country of nationality). So doubel check on that.




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  • gbof
    02-16 08:48 PM
    Guys, Any idea how much time NSC is taking for EAD approval? This is for a fresh application not renewal.




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  • pbojja
    10-13 10:54 AM
    I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
    My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
    Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
    Anybody with similar experience?
    How do I get this corrected?
    My category is EB2 India.

    I m in similar situation , even though we did not specify about the pending 485when filing second 140, they assigned the A number to the newly approved 140 , which is my current priority date . If you look at your recently approved 140 you will see the A number same as on your 485 .

    My lawyer send a request 1 month back to fix my PD but no response yet.




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  • rangeela
    10-17 01:04 PM
    Hi All,

    I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.

    I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.

    Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?

    These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...

    rangeela....



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  • solaris27
    10-03 09:16 AM
    anyone is ok




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  • sweet_jungle
    10-21 01:12 PM
    Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email

    Hi Khris,
    Do you also have 2 PDs in same EB2 category?

    I have submitted ombudsman case sheet by mail.

    My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.



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  • immi_2006
    02-15 03:09 PM
    Try orbitz.com. You can book tickets from India and pay in USD. If the airline you selected still issues paper tickets instead of e-tickets then orbitz mails the tickets to your US address.




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  • enthu999
    09-09 04:18 PM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.

    Thanks

    Theo

    Until you file for 485, you don't have immigration intent, I-140 is employer application.
    So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.

    Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.



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  • mundada
    02-19 09:31 AM
    I am in similar situation as my parents are coming this year.

    Couple of years ago there was a "no question asked, including pre existing condition" insurance, though expensive but it covered everything. However, this time when I talked to insurance consultant, it appears few people misused the insurance to the extent that the company went bankrupt. This is what she said: let us say the patient needed bypass surgery. The patient would buy one month insurance and return ticket. This would cost him $2000. Upon arrival in the US, he would complain about chest pain. Then pay $1000 in deductible and get bypass done. The total cost $3000!

    However, because of this misuse geniune people do not have this option anymore.

    Here is what I am thinking:
    1. Buy Atlas America insurance. This covers pre existing condition upto $15,000. This also gives us negotiated rate with hospitals in the US.
    2. Addon foreign travel on Mediclaim or other insurance that they currently have in India. Opt for Rs. 7 lakh deductible. This should lower the insurance cost. Also, try to talk to the insurance company and see if it will reduce rate further because its is secondary insurance.

    Let me know if you guys see any hole in the logic or you have better alternative. I would rather pay more in insurance and enjoy my parents stay then worry throughout their stay.




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  • kumar1
    07-13 03:02 PM
    Can I open up a company while on H-1B? Can that company sponsor it's CEO's (that's me) GC in EB-1 category? After all, CEO should be EB-1. Can I then get some peons/servants from cheap countries on B1/B2 and pay them just per diem? Can I hire them first at my father's place in India and let them work at my father's place for 1 year and get them here on L1? Should I get them on L1-A or L1-B? My mom spends a lot of time in temples back home...can I bring her on Religious Worker VISA?

    BITZBYTZ...........can you think stright for a moment?



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  • hianupam
    11-16 01:56 PM
    Does anybody have any recent experience?Which office to go, what documents to take. I currently have an out of state license that is going to expire in Dec...




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  • nousername
    10-09 04:01 PM
    Thanks everyone for sharing your experience.. After reading your post I was much relaxed to use AP at SFO to reenter.

    I just returned and immigration check went very smoothly. It took 30 mnts to get to the first IO (as couple of flights landed at the same time) . He asked me to go for the secondary inspection and I was out within 20 mnts tops. No questions asked, just asked to sit. My IO was normal but there was another female IO who was acting stuck up with others.

    A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.



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  • techbuyer77
    06-12 08:21 PM
    my lawyer said it was ok as long as I go back to work for them uon approval. GC is for future job, not current, according to USCIS Director memo.
    The problem is my previous employer is not doing well due to economy :(
    so I might not have a job upon approval
    Please do not imply I am doing something illegal, because it is not that way.




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  • palemguy
    09-16 12:15 PM
    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?



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  • abhijitp
    07-17 06:25 PM
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf




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  • garfield_x
    03-05 01:53 PM
    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....



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  • Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgWnn7qdQhUeBBiWJiXBvXZh0ygkwOK6npeU259sVujyYq64FtoMj7FeqR3wfnQyl4sn8-pm76-y-pbkd3kCm01pfjV3U1P90eR5epDsXSjUWNAi10sHJyER2v69Z_nNTDEKdOaZcqX3_8/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgWnn7qdQhUeBBiWJiXBvXZh0ygkwOK6npeU259sVujyYq64FtoMj7FeqR3wfnQyl4sn8-pm76-y-pbkd3kCm01pfjV3U1P90eR5epDsXSjUWNAi10sHJyER2v69Z_nNTDEKdOaZcqX3_8/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)




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  • maximus777
    10-27 06:34 PM
    Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.

    It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?

    Thanks again!




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  • milind70
    11-06 11:29 PM
    If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?

    Thanks!
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.




    newon
    07-21 11:52 PM
    Thank you all for your replies !!!!




    cdeneo
    03-04 07:59 PM
    Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...

    Thanks!



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