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Wednesday, June 15, 2011

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  • hope2007
    04-18 11:32 PM
    I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.





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  • jackdaniels
    06-11 06:46 PM
    http://www.time.com/time/nation/article/0,8599,1631758,00.html?xid=rss-topstories





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  • BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10





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  • mariusp
    02-22 09:28 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    TSC
    485: went from May 24 to April 10, 2007 :(
    140: June 23, 2007
    NSC
    485: July 30, 3007
    140: Jan 22, 2007



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  • sanjuatl
    09-04 10:40 AM
    I think the Medical's are valid for 18 Months and not one year.I checked this out when i took infopass.Correct me if i am wrong .


    As I remember, the validity is one year.





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  • fromnaija
    07-20 04:57 PM
    It all depends on your friend's priority date as well as her scheduled delivery date. The only problem is if her PD becomes current before the child is born or her case is approved before the birth.
    To prevent all these hassles she may be advised to give birth to her child in the US unless she does not have that choice.

    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?



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  • jonty_11
    01-15 04:32 PM
    Canada Consulate Buffalo Letter states "please take test withing 120 days of this letter" Does that mean I have to only take the test withing 120 days OR
    take test, get results, mail them the results within 120 days...

    I think its the latter....but what if ELS test center delays results...?
    I think local ELS center is closed today due to MLK holiday...will call tomorow and see if then conduct this test ..





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  • GCBy3000
    04-15 07:35 PM
    I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

    THe LPR clearly states that it will become void if any of the below changes.

    1. Job description
    2. Location
    3. Something else, I dont remeber.

    The above will not come into effect, if you had crossed 180 days of 485.

    Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

    I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

    AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.



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  • dbevis
    March 15th, 2004, 11:28 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary
    Yeah, saw that on the news, too. My card has a hologram over the last 4 digits which should help foil (oooh, bad pun) this type of thing. Heck unless the light's just right I can't always read it. :)

    I did hear one report where they got a robber's license plate from someone's cam-phone, so there's a good aspect to them, too.





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  • snalluri
    04-13 02:07 PM
    I think the bill becomes law immediately after president signs. But in case of states legislatures it has to wait 90 days after governor signs to become law.



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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266





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  • austindesi
    07-15 11:19 AM
    I am in Austin, Texas.
    Will be there for rally in Houston. I am surprised to see very few replies for Texas chapter. There is only 1 reply from Austin and as we know, Austin has significant desi hi-tech crowd. Let's try to do something in Texas. How about organizing rally at State Capitol Building in Austin?



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  • jonty_11
    08-13 06:40 PM
    just read teh 3rd post above urs...phew!!! that was tiring wasnt it...





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  • clifford
    02-02 06:30 PM
    A good business man cares only about profit. Recently US announced that it will be selling arms to Pakistan and few days earlier it had announced that it will be selling billions worth of Arms to India.I think USCIS approved all the 65 K H1b applications in the current quota and now officials at the air port will be kicking back Indians at the port of entry. Creates good business for USCIS, shows airport officials are enforcing laws probably they need to hire more people and creates business for airliners etc, all seem to be benefiting a little bit.

    H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.



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  • tabletpc
    11-29 04:45 PM
    Thanks everyone..i will send it 2m with bank draft in C$.

    its better to have plan B...





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  • zCool
    04-02 08:43 PM
    Hi Bhayzone,

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    All other points are on the dot!
    Only F1 being better than h4 is really depending on one's situation..
    F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
    Secondly, F1 has become much restrictive since implementation of SEVIS.
    H4 on the other hand is duel intent

    Major advantages of F1 would be
    1. Possible on-campus 20hr work authorization and later OPT authorization.
    2 Chances of getting assistanceship.

    So it's not black and white..
    and if you've applied for 485.. F1 is really definitely not the way to go..



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  • Gravitation
    12-14 12:57 PM
    Please post the URL of the school you are attending.
    Thanks,

    babson.edu





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  • simple1
    05-18 05:00 AM
    this guy is a fake. busted.

    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam





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  • Ramba
    03-15 11:18 AM
    Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.

    If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.

    If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill





    nixstor
    08-24 11:29 AM
    http://boards.immigrationportal.com/showthread.php?t=222935

    I understand the plight, but you aint alone bro.. 360K people are along with you. Dont look for shortcuts (in case if both the posts are by one person ) and get what you deserve. Do what you can to educate your friends and contribute.





    xbohdpukc
    09-25 02:52 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.

    you are kidding, right? According to the latest figures the number of houses in the market is about 3.5 millions, which amount to 7 months of housing supply. Even if tomorrow DOL will process all its backlog of 180K applications and INS issue pending however-many-GC applications pending (I believe I heard a # of 500K including those 180K they are expecting to get from the DOL) it won't affect the housing market a bit.



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