Tuesday, June 14, 2011

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  • Salomon5561
    03-12 10:04 PM
    This is a letter summarizing my process over the years, elaborated by my immigration attorney for the US Embassy in Nassau Bahamas where I renewed 3 times my visa H1B, However I have to renew it again and spend the $4500 + trip + hotel and food.
    My question to you is that due to the crisis, my salary was reduce to almost half, and my wife is desperate in the house trying to do something on the internet because she cannot work on a H4 Visa. After you read the summary, will know how far are we in our process. Could I ask for a permit to work for her? How long would the process take to get our residence? Because according to my attorney, the immigration office is now processing the residence petitions made on Dec 2002, that means the is behind 8 years. Does that mean that I need to wait 8 more years? Please inform.

    I would like to inform you that Mr. Mizrahi his first H-1B visa on June 27, 2003. The visa was approved from June 27, 2003 until May 3, 2006. On or about September 5, 2005, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. This new H-1B visa was approved on September 30, 2005. The validity dates of the new visa were September 29, 2005 until September 5, 2008. On or about March 8, 2007, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. The new H-1B visa was approved on March 9, 2007. The validity dates of that visa were March 9, 2007 until February 9, 2009.

    According to the above information, Mr. Mizrahi�s six year limit should have ended on May 3, 2009. However, Mr. Mizrahi has made over 60 trips outside of the United States during this time span. Mr. Mizrahi spent 333 days outside of the US during the time that he has held his H-1B visa. Mr. Mizrahi was able to recapture does days and that is why his H-1B visa was extended until May 26, 2010. Further, Mr. Mizrahi has a Labor Certification and an I -140 approved through the same employer. Unfortunately, Mr. Mizrahi has not been able to apply for residency due to the fact that no immigrant visas are available for his category at this time.




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  • sheshadripv
    12-13 12:45 PM
    My collegues have travelled via Germany with exipred visa(they had valid I94s too). and I heard that only via Germany transit visa is not necessary. But if you travel through France, transit visa is necessary.




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  • pappu
    06-06 09:10 AM
    http://immigrationvoice.org/index.php?option=com_content&task=category&sectionid=4&id=13&Itemid=36

    You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.

    some points
    - lives are on hold
    - property purchases cannot be planned
    - cannot plan future investments and plan for settling in life.
    - H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
    - spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
    - H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
    - long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
    - children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
    - employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
    - lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
    - The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
    - Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
    - Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
    - Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
    - inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
    - the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.




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  • ameryki
    01-02 09:53 AM
    Hello All,
    Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.



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  • jonty_11
    02-05 01:44 PM
    I guess the old labor will be invalid by now as it has been already been over 45 after approval.
    Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")

    What do you mean by how can you bear the expenses. What a ?
    Do what your company A is asking. I don't think that company A would file it for free.

    Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
    Is the 45 day approved labor validity Rule already in place?




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  • crazy_gc
    07-22 08:03 AM
    application 485 - Part 2 Application type
    8 options given a. to h.
    based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

    application 131 - Part 2 Application type
    6 options given a. to f.
    based on my understanding for an EB application i should check on option
    d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.

    Pls advise



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  • harry15
    02-07 12:26 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?




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  • marty
    01-09 01:07 PM
    I think the text of the post is missing. I am quoting it from the original post below.



    URL: http://immigrationvoice.org/forum/showthread.php?t=23029

    We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

    US House of Representatives
    https://writerep.house.gov/writerep/welcome.shtml

    US Senate
    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

    http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

    ------------------------------------------------------------------
    E-Mail Subject

    Delay and concerns about USCIS processing time updates

    E-Mail Text

    Dear [Name of your local representative]:

    I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

    1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

    2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

    I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

    Thank you,
    [Your Name]

    ------------------------------------------------------------------

    Please let me know if anything else needs to be added to the e-mail text.

    Thanks.



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  • LostInGCProcess
    11-05 04:39 PM
    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
    As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
    H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.




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  • ns007
    02-13 12:40 PM
    Could someone please explain what are the implication of taking big promotion (example: Consultant to Manager) when

    1. Labor is pending
    2. Labor is clear; but I-140 pending
    3. I-140 clear; but I-485 pending for less than 6 months
    4. I-140 clear; but I 485 pending for more than 6 months

    thanks,
    NS



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  • indyanguy
    08-24 01:45 PM
    Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?




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  • liberty
    05-07 10:28 AM
    Currently I am in EAD, i-485 filed in July 2007 (EB3 ) and Pending. I have changed job. I would like to know the latest rules. Is it necessary to file AC21 in my case? If yes, please let me know which form I should use.



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  • gcisadawg
    04-16 04:27 PM
    Are there civil surgeons approved by USCIS in India who can do the TB test for her?

    There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.

    bbct & vin13,

    Thanks for all your feedback.

    I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
    It can not be interchanged since the forms and procedures are different.

    Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.

    We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!

    -GCisaDawg




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  • murugesh.naidu@gmail.com
    09-03 10:45 AM
    Well..I was just saying my friend is a devotee and it worked for him..i did not mean to imply positive or negative ideas about anyone's religious beliefs in whatever form..

    Some one mentioned how lawyer screwed up and he landed in EB3... I am EB3 bcos my company does not do EB2s for developers...infact, I have never met anyone who they did an EB2 for. I guess its one of the banes of being in a big consulting firm, where they have to follow the letter of the rule to the T and cannot doctor the requirements of the job to the qualifications of the applicant. I infact managed 4 contractors, all EB2. Its both ironical and sad that how this system is mis-used.
    Anyway..well, no worries - I believe if you believe in yourself and your abilities and God, everything will come to just fruition!



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  • dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.




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  • suryamnb
    12-03 09:41 AM
    Friends,

    Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
    Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?

    Thanks!



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  • GCard_Dream
    08-20 06:49 PM
    I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.

    I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?

    The Story Thus far:

    Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

    I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
    I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse

    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Approval Notice Sent received in mail



    AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
    AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse

    PD: 03/13/03
    I-140 2 (EB2) AD: 05/06/09
    EB2 - India / MI / NSC




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  • rockstart
    02-20 07:18 PM
    Unfortunately with banks looking closely at the lending practices people with temp visa's are suffering. I had the same experience when I went with my friend to Nissan dealership; The loan was only approved till validity of I 797.




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  • ivgclive
    05-10 11:50 AM
    I just applied for my little one yesterday.

    fingers crossed!

    Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!

    PIO is GREEN CARD for India.

    How many papers you have sent for your PERM & I-140 so far?

    You need to hire a truck to send your I-485 papers in next stage.




    Leo07
    12-27 03:09 PM
    If you have your latest H1B approved, old Stamp is still valid. Just inform your attorney and take the papers that your attorney will pass on. Plus your employment letter+recent pay stubs, just the regular stuff.

    Good Luck with your mom's health!

    God Bless!

    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice




    amitga
    03-01 10:23 PM
    If you can do that. Go for it. YOu will get your GC in 6 mths after coming here on L1.

    Hi All,

    I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.

    I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.

    Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.

    I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!

    This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.

    Only thing though is my wife would need to attend interviews.

    Any suggestions/feedback will help me and all other people in this situation.

    Thank You,
    The 116



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