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Monday, June 20, 2011

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  • vishwak
    08-20 09:59 AM
    Hi All,

    I heard that after gettign GC and before Applying for Citizenship we should stay in US continously for 3.5 years how far is that true.
    What is the exact rule? Can someone please guide me thru proper thread.





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  • yabadaba
    07-18 09:33 AM
    mine

    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 7.55 AM
    Service Center: NSC
    Rejected: Dont Know





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  • desi3933
    01-22 10:00 AM
    Lets not assume we know all legal stuff.
    Defining employer - employee relationship is different from abuse and we cannot relate these two.

    I do agree that to challenge the law rightfully, one has to have credibility.

    You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.

    I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.

    One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.

    ________________
    Not a legal advice.





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  • vsrinir
    09-17 01:42 PM
    After this step "it has to go to Rules Committee and await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.

    Then both house and senate has to vote on this bill ( if Senate have already one similar to this)

    If it passed in both congress then it will go for President signature I guess.

    TIME IS TOOO SHORT ...I DONT KNOW HOW?

    I PRAYING GOD ONLY



    If today its approved in the house..we are done..it goes the Prez for signing and we all add another card to our wallets:o



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  • krassib
    07-21 11:49 AM
    I would be interested to hear more about E-VISA too. Anyone that knows something?





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  • gene77
    10-16 04:37 PM
    How do we know we're stuck in the namecheck process?

    Does the on-line status state that the application is in the namecheck 'phase' or something to that effect?

    Thanks,



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  • immitul
    07-17 02:42 PM
    Great Job...Signed it.





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  • eb3_nepa
    02-05 04:22 PM
    can the H4 not apply for a new H1B? Is H4 barred from applying for H1B? If not, I don't see where the prob lies. plus how will this solve the retrogression issue?

    Not all professions can apply for H1Bs. You need to have specific skills that the US does NOT have. Someone on here had once posted that his wife could not work as a teacher although the school was ready to offer her a job, coz there is no H1B category for teachers. The H1B visa cannot help spouses in all professions. Hence my suggestion.

    About how this will solve retrogression, IT WONT. My point is instead of trying to bring this retrogression beast down, maybe we should look at alternatives to work around it.



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  • Eternal_Hope
    01-30 07:44 PM
    Q # 60 & 78

    6:58 p.m. CST.





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  • satyasaich
    07-10 02:49 PM
    For what? we all had enough of this drama and trauma as well.
    Let's wait and see

    I can trust this guy because of his recent past blogs which turned true.

    Can i celebrate? I want to.



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  • rustamehind
    07-11 11:19 AM
    "My company lawyer says that we have the option of filing the adjustment of status on our own and company won't support it.Its not about money , its just that they don't want to support filings after the revised July bulletin.
    They are also saying we should wait for October bulletin , but don't want to predict how much the priority dates are going to shift."

    It all adds to more confusion & chaos.The more questions you ask, the more confused you get.:D





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  • srini1976
    11-13 05:07 PM
    Thanks everyone for the feedback. Can some guru put this issue to rest? I guess the only question that remains is:

    "For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"

    Hi Indyanguy,

    This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
    I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
    Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?

    Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?

    Please provide genuine answers.
    These answers will BENEFIT many people.

    Thanks in advance.
    Cheers,
    Srini



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  • cableching
    08-25 02:21 PM
    I think SBI is best in convesion rate and also the time it takes to transfer the money.

    ICICI gave nearly $1 less than prevailing rate they had on their website.

    Even if you send a check, you get better rate if you deposit into an SBI account in India.





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  • belmontboy
    06-13 09:35 PM
    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853

    Overall EB3 has got more numbers than EB2 in last 7 years for all and india specific grouping.

    I think EB3 has received its fair share from spill over [atleast for india]. The real problem is that there are simply tooo many people in EB3.
    I am not sure why u would still think "EB3-India -- Most Unfortunate/Effected Category "!



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  • glus
    03-26 03:35 PM
    I got 2 of them recently too. PD not current. Probably pre-processing the applications but not approving them due to PD not current :-(





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  • ndbhatt
    11-01 05:15 PM
    I hear people say that there is reverse brain drain. But this is not completely true. I cannot quantify in numbers but there are certainly few people, I know of, who have migrated to countries like Canada and Australia.

    I will not call it as reverse brain drain but diversion of brain drain to other pastures that may be worthy from individuals standpoint.

    Reasons could be endless, to name a few - stagnancy in career growth, frustration for wait for GC, inability to invest further in housing for job insecurity, longer time for family union (ageing parents), save kids from western culture, etc.. etc.

    I have heard one of the above reasons, while there could be more, from people who want to vent out their frustations. But rest assured very few choose to put it to action at the end of the day.

    My two cents - don't bash others. I believe that all of us go through this turmoil at some point or the other.

    Let's stay focussed on what you want. Most of us, if not all, are here for better life, career growth, money ;), etc and if other countries offer better prospects and meet majority of ones expectations, most likely, we will consider the options. I think, to a certain extent, we are patriotic to our ownself or if may call - opportunist.

    Given a scenario. EU Blue card gives better option (though not sure if it will :p) flow to newer pastures is inevitable and unstoppable. This may not appeal to 100% of the readers but it's one of the faces of dice.



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  • sledge_hammer
    01-31 09:46 AM
    - from immigration-law.com

    After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
    The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.


    1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?

    2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.





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  • ab_tak_chappan
    08-20 01:13 AM
    albertpinto dont be jealous dude :) :D:mad::D:mad::D
    I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc ?
    and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
    maybe they should make new citizens apply for passport every year and tell them to renew DL everyyear and after few years I will ask him if the wait was worth it ??





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  • ivgclive
    01-18 03:24 PM
    H1 - Permanant (inUSCIS terms, my sponsor has direct control over my day to day job)

    But I believe it is going to affect everyone soon, whether you are in H1/L1/EAD, decided to fight.

    I will contribute what I can at my best.





    NNReddy
    04-18 06:32 PM
    Same company porting is more successful than different company porting. That's what I have been observing. What are your guys thoughts on this??





    nviren
    04-12 01:44 PM
    My second contribution of $100 is in the mail and on the way.

    Thanks,



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