Tuesday, June 14, 2011

amore and psyche

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  • reddy_h
    01-07 10:38 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.





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  • tonyHK12
    01-11 10:08 AM
    This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.

    Yes true, it still has amnesty for anyone who entered below 13 and didn't break the - they would get PAV immediately.
    I was refering to blogfeed that inspite, says the second part is bad - "few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad."
    It sounds like a haggling game, whoever makes more noise gets their due.





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  • rameshk75
    08-04 01:37 PM
    Please refer to the detailed note on SS update after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20610

    Good info..





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  • Dipika
    11-25 02:05 PM
    Thanks for correcting me. i am sorry for wrong info. i'm not able to open all links in office, as firewall block forum links, so missed to read the rule.

    Here is the OFFICIAL link from US Consulate at Tijuana

    Visa Services (http://tijuana.usconsulate.gov/niv.html)


    Who Can Apply in Mexico

    TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.



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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • JunRN
    09-26 02:23 PM
    Good to see approval for July 3 filers. Atleast NSC is on track.



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  • hpandey
    11-10 02:57 PM
    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.

    Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.





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  • dan19
    03-09 02:50 PM
    Based on Murthy.com, It's likely that EB3 World will move but India and China will remain stagnant:confused:


    As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward



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  • pd052009
    04-18 08:36 AM
    Considering,
    - EB3-EB2 upgrade
    - Slow VB date movement
    - No FB spillover
    - Growing economy (which will further reduce the spillover/across numbers further in coming years)

    Have you ever wondered what are the options you have?

    We know, we are stuck with H1. Some of our problems are
    - Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
    - Many RFEs and question with H1 Extn.
    - Getting visa stamp at consulates is a (mental) pain.
    - Consider the time spent from vacation for getting visastamps.
    - Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
    - Pain of planning for a short visit(week) for emergency issues/family functions.
    - Hard time in finding a H1 sponsor for H4 dependants

    We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?

    If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

    Lets gather in that thread for our relief.

    ^^^^^





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  • aadimanav
    01-05 10:41 PM
    I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?

    Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.

    Please share your experiences.

    Thanks in advance!



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  • jnraajan
    03-28 05:25 PM
    Has anyone successfully tried this option and recd a response?





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  • longq
    03-27 02:02 PM
    sorry to hear. your education (degree and specilization) must meet the education requirement for the job as mentioned in the labor certification. In general, MS and MBA is not related, unless your lc states that any master degree acceptable for your job. it is a mistake of your lawyer.



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  • dtekkedil
    07-03 10:47 AM
    I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D

    LOL!

    You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???

    It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!





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  • snathan
    03-31 08:45 PM
    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

    I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

    When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.



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  • pappu
    07-31 02:27 PM
    Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
    They will have to put just one warning.
    "Beware: Once you start the ride....
    Only luckiest of you will be able to get out safely.
    Most of you will be on this ride which has an endless loop.
    Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

    And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
    "

    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.





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  • amitjoey
    04-16 04:02 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
    I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
    I am not worried at all.

    Hearing about a lot of denied I-140s- No basis.
    My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.



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  • smuggymba
    07-28 02:18 PM
    Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???

    You can NOT. There is no such provision. Search for thread on this topic in this forum

    Even GC's can't claim...SS is only for US citizens or any other countries with which US has a treaty.





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  • GCneeded
    03-14 03:37 PM
    Thank you all for the responses.

    nat23,

    My mother is planning to come to USA during first or second week of may.





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  • EB3June03
    06-25 06:47 PM
    So after going through the medical and knowing that i will have a positive PPD (due to my history of positive PPD), and having clear X Ray results - the civil surgeon said you need to treatment for TB. I was surprised to hear it and as I had read from the CDC website and read the instructions - I saw the Treatment is Recommended - NOT Required and it also mentioned that the doctor should sign Part 5 and the applicant is clear for USCIS purposes and explain to the applicant the implications and recommend going for Evaluation to the health department.

    I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.

    Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)

    View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information

    Did any of you folks run into similar situation?





    telekinesis
    10-20 07:52 AM
    Get the educational version! Much cheaper and is fully functional!





    BharatPremi
    10-10 12:10 PM
    Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
    Your employer filed your Green Card under EB3 � NON RIR category. Down
    the road your company filed the Green Card for your Pakistani colleague
    in year 2005 and in year 2006 November you came to know that your
    Pakistani colleague became permanent resident as his GC application
    approved. Upon hearing this news you get frustrated. What do you think
    why your Green card is not yet approved? What could be the reasons
    behind this long delay?

    A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
    For that mistake what your ancestors did,USCIS is making you to pay the
    price for that as now you have decided to become permanent resident of
    USA.

    O.K. Humor asides.

    First reason:

    It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
    (Recommended top limit is 140000 visa applications worldwide).

    Second reason:

    In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.

    Third reason:

    Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.

    Fourth reason:

    USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.

    Fifth reason:

    Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.



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