Thursday, June 9, 2011

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  • pd_recapturing
    04-28 08:32 AM
    I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
    Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.




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  • DSLStart
    03-11 08:14 PM
    No you don't have to walk into any bank. Just visit

    https://remit.onlinesbi.com/

    Everything is self explainotary.


    Gurus,

    Can some body advise what is the best way to send money to India using SBI online?

    Do i have to have an account with SBI? NRE/NRO/Regular

    I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?

    I live in Colorado and hence do not have the luxury of walking into an SBI US branch.

    Any advise is appreciated.

    Thanks




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  • flyingninja
    11-02 11:12 AM
    In my instance I have been working with my current employer for past 5 years and this is 2nd H1B renewal with the same employer. It is sad that they have such a policy which discourages jobs in consulting sector.




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  • WeShallOvercome
    08-03 12:12 PM
    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa


    After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.

    On this status you have 2 options to be able to work:
    1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
    Please note that if you use EAD, you HAVE TO use AP for travel.

    2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.

    You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.


    Good luck



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  • amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.




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  • inrealmess
    10-11 04:08 PM
    hi,
    this might look an essay but this is true ----------------
    i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
    he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
    anyone has any suggestions on this issue , i will appreciate any suggestions

    thanks and regards



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  • roseball
    05-04 11:11 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:

    "Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"

    His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.




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  • illusions
    04-15 01:07 PM
    wow... man 9 years is like an eternity for me... you deserve it, wish ur wait would have been shorter tho, nevertheless you have it now so enjoy!



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  • Vlora
    10-25 05:27 PM
    It is hard to say. I am in the same situation as you (filed concurrently by June 21). I believe it is not worth giving them an extra $1000, and for what. You already have filed your I-485. What is the downside?




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  • Ann Ruben
    07-22 10:23 AM
    Select #1-FOIA. You do not need to complete part 6.



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  • PDOCT05
    10-30 04:40 PM
    Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.

    Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.


    I am very sorry to see this happened to you. Please talk to your lawyer and ask him to handle it good. Contacting local senators/Congressman will help you..good luck.




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  • hoolahoous
    11-01 11:58 AM
    part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

    not sure what your point is. the list clearly states

    "Unemployment compensation is also not considered for public charge purposes."



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  • sdrblr
    06-18 03:35 PM
    One of my father's friend didnt visited india for last 25 years... Nothing wrong with that..

    I have not gone back since the start of the year :D (Just to lighten up)




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  • mytv
    08-26 07:15 PM
    reply...



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  • crystal
    09-17 12:49 PM
    This will be a problem for all the people whose cases gets transfered from other centers to NSC or TSC. May be it is just the receipt date of transfer notice... Not the actual 485 application ? A clarification from USCIS would help




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  • gvenkat
    02-25 05:15 PM
    with the level of competence and intelligence shown by the USCIS.. u think they will care if some one changes jobs.. i dont think so.. desparate times need desparate measures and we should not be worried about these non-sense at all



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  • needhelp!
    02-13 01:09 PM
    http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg




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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup




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  • Asian
    05-30 02:07 PM
    As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

    That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

    Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

    It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

    Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

    If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.

    These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

    Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.




    sekharan
    10-13 10:47 PM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    4. Are not all greencards created equal?

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.




    freeskier89
    02-09 03:37 PM
    It's all good.
    That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)

    Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)



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