Monday, June 13, 2011

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  • Jaime
    09-05 05:08 PM
    Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.

    Please be careful to not spread misconceptions about who is, or is not, affected.

    Well, right now it is all "U" on the visa bulletin, you are right. But I assure you that come October and the following months there will be visas for our Egyptian friend and ROW.




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  • humdesi
    11-06 10:27 AM
    Do you know why this rule was changed?

    I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.

    See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.

    "Jiska ghar mey samman nahin, uska kahin samman nahin"


    I applied for OCI for my daughter some months ago and got approved
    and got her OCI stamp and cards. Couple days ago a friend of me got
    rejected. He was told that "if both parents are indian citizen child is not
    eligible for OCI"

    After I heard it, I talked to Indian Consulate SFO, and they told that
    this condition is included recently. So whoever got OCI are good. ( I hope so!)

    OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.

    thx
    sbabunel




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  • abc
    11-06 06:09 PM
    No need to register PIO kid till 15 years of age.




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  • SGP
    10-28 10:38 AM
    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.



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  • helpfriends
    04-17 09:55 AM
    and yes, it's a very odd situation. Hard to explain and maybe I should have tried to clarify more earlier.

    From what I gather(heard 3rd party), the foreign parent company set up an office here in the US over a year ago and this person came over on an L1visa and has been here since early 2007 working, and traveling back and forth to their home country and paid wages by their foreign employer. This new office/company has not done much,if any business, direct in the US(no employees, etc) the past 1st year of their visa.

    The same foreign parent bought a majority share of a 2nd company in the US end of 2007 which is established here. The foreign parent filed an L1A visa petition for this same person, early 2008 on behalf of the newly bought US company which did get approved? Like I said, for whatever reason, this person came over here early(stupid!) with that green card waiver and has been working. I do not presently know if he has gone back for an interview and made it back with a visa or not at this point?

    All in all, I think this situation is getting worse from the sounds of it.




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  • Ann Ruben
    03-11 10:58 AM
    If the PWD is for a PERM application, there is no way to avoid using the DOL system. (NOTE: for H-1 PWD the online DOL system is NOT required).

    There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.

    Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.



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  • la_guy
    08-19 01:07 PM
    Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.


    Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...




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  • njdude26
    04-08 08:05 AM
    im sure you can come back if you drive into Canada because your I94 will still be with you.



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  • nvmurali
    06-02 04:39 PM
    You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.

    Hope it helps.


    _________________
    Not a legal advice.

    Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)




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  • s416504
    08-29 02:52 PM
    So far 95 Voted. 77% says No update



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  • jsb
    10-31 03:08 PM
    Besides calling USCIS at the number given above, you might want to raise this issue in the Ombudsman's conference call on Friday. Receiping Delays is already an agenda item. Details are as below:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    Email your concerns/questions in advance, to: cisombudsman.publicaffairs@dhs.gov

    I attended last call, which was very helpful.




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  • eastwest
    03-15 06:45 PM
    What I understood from Ron's article:[LIST]
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.

    That was absolutely Hilarious...It takes an EB-3 to understand that statement.

    Awesome...



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  • Jyotsna
    10-13 11:01 AM
    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.


    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)

    My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.




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  • iwantmygcnow
    11-05 04:23 PM
    Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.


    Did you use your own attorney?

    --Kiran



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  • MetteBB
    05-12 02:07 AM
    Why thank you! Looks nice and fresh doesnt it? Like you just wanna take a big bite out of them. :drool:


    /mette




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  • retrohatao
    07-17 02:41 PM
    Am I hysteric or what?
    Any ways here is the flash.
    My case has been approved and got the so called Magic e-mails stating that the cards have been order
    for me and the spouse.

    Here is the "series of unfortunate events" :
    1.
    EB3/TSC
    PD: Sometime in 1998
    Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

    2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
    thought I would save some time.
    3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
    4. Elated with the good news, applied i-140 & I-485 in 2004.
    5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
    amount of time.
    6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

    Following is the chronological order:
    EB2/TSC
    PD : October 17, 2001
    LCl : January 7, 2004
    RD I140/485 : May 28, 2004
    EAD : July 26, 2004
    FP Notice Date : February 1, 2005
    FP Done : March 22, 2005
    I140l : February 11, 2005
    Namecheck initiated: June 2004
    Namecheck cleared: June 2006.
    I-485 cleared and cards ordered: July 2006.

    Here is what I did to get out of namecheck:

    1. e-mail to FBI on monthly basis
    2. Snail mail to FBI, OMBUDSMAN on monthly basis
    3. FAX to FBI on monthly basis
    3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
    FBI directly
    4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
    FBI directly. One senator never even responded
    5 got FOPIA.
    6. Made the attorney to contact USCIS officially
    7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
    and almost filed WOM. Only thing left is to send the papers.
    8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
    Just tried some personal mails to USCIS director FBI et all.

    Not sure what really worked. Some one from DOJ took time to call me and informed that my
    name check got cleared.

    moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
    try the above steps and hope for the best.

    Thanks to the forum members!!! I learnt lot from your experience.

    I will still be around on this forum and will try to help as much as I can



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  • gc_mania_03
    06-24 10:00 AM
    Even I am going back to school full-time with my wife on EAD with AOS pending. As far as I know there are no issues. If there are any specifics in your case, just consult your attorney.

    I remember in one of the calls with attorney[organized by IV], I was told I don't have to worry about producing pay-stubs.

    -gc_mania_03




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  • eb2dec2005
    02-22 07:05 PM
    hi,

    My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.

    Around 3 months back i joined a company as a permanent employee using my EAD.
    I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.

    I recently got an update on my H1 application with the following message.
    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    I am assuming it has to do with cancellation of my H1.
    I am not sure if my I140 is cancelled or not.Is there a way i could check this?

    I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?

    Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.

    Since i was without project for a long time, i had to join the new job using EAD.

    Please let me know your opinions.




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  • Sooner2
    03-13 11:44 AM
    I am from MA and was able to remit using their service earlier, but it has been temporarily disabled for now.




    indyanguy
    01-28 05:27 PM
    Check out Greg Siskind's blog. He has been posting information about successful immigrants on a daily basis for the last year or so..




    krustycat
    10-30 10:00 AM
    No activity at all



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