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  • chanduv23
    10-23 07:50 PM
    walking_dude, cagedcactus and bestin

    you guys are a terrific trio





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  • bheemi
    07-31 05:41 PM
    Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..





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  • frostrated
    08-10 12:00 PM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.





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  • jediknight
    12-19 04:01 AM
    Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.


    If we were not present there would not be jobs for the current american colleagues of ours.

    If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

    If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

    If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

    If .. <Add other names here>> there would be no Silicon Valley.

    I and other outsiders have created countless jobs and maintained America's technological superiority.

    ... So I respectfully disagree with your statement about us displacing jobs :)

    - JK



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  • waitingmygc
    08-27 10:55 PM
    If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

    Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

    Be careful and try some way (as suggested above) to know about your I-140. All the best.





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  • centaur
    03-27 05:45 PM
    You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.



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  • suresh.emails
    09-14 10:49 AM
    The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.

    1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?

    There is NO order; who should go first.

    Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.

    Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.

    2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?

    The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.

    As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.


    3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?

    In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).

    If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).

    US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.




    4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.

    You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.

    I believe it is US Consulate in Singapore (but not Singapore Embassy)

    Try to be genuine on providing information.

    It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.

    You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.

    Answer to the questions asked; don't be over smart and start answering questions.


    I wish you best of luck for your H1-B stamping.





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  • jayleno
    06-19 09:32 AM
    I applied for my 485/AP/EAD last year. Got my AP and EAD.

    Last week I applied for renewal of my EAD and AP. They sent back both of my applications saying they need a 485 reciept notice. I have attached an explanation saying I did not get my 485 reciept notice and I gave the reciept number. Also attached last years approved EAD stub and EAD reciept notice with the EAD application. I have attached last years AP reciept notice with AP application as proof of my 485 application.

    I dont know why they could not check with my A# or SSN. Sometimes they are moody or Some of them are crazy.

    I think your attoney/employer put their address on the 485 app and they should have it. Lot of insecure consulting companies(you know what I mean) do that and make us believe that our 485 reciept notice was lost in the mail.



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  • sam_hoosier
    12-17 10:53 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?

    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.





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  • gcisadawg
    04-07 06:52 PM
    Folks,

    Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!

    Regards,
    gcisadawg



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  • wandmaker
    09-18 07:07 AM
    I paid the money to my company who has applied for my H1B.

    Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009.

    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th.

    ......had nicely and smartly enjoyed everyones money and are free without any problems. Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail.

    3 x $3,500 = $10,500 is easy money! As long as there are people like you ready to pay for their H1Bs; these companies will continue make money out of you. First, You should stop paying them! Second, file a complaint with USCIS about this company!!





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  • Canadian_Dream
    09-19 06:33 PM
    Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.


    That's why there is a saying that you should never watch sausages and laws being made.

    The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.

    Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.



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  • misha
    07-21 02:18 PM
    Misha,

    Even I did not receive my AP ,which I applied last year july 2007.
    Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

    she made us wait for almost 2 1/2 hours.
    Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

    She gave our AP for me and my wife right away.

    So I advice you to take Info pass and check.Ap what I received was in paper.

    Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.





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  • gbof
    04-08 03:00 PM
    Couple of related questions.

    1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?

    2. Where to file, the Service center or Lock Box facility ?

    1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

    2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

    Make your own choice, good luck.



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  • vjkypally
    08-06 12:17 PM
    Where you moved from NSC to TSC or did you file at TSC?





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  • chanduv23
    10-15 08:02 AM
    You are correct Chandu !.
    My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
    Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
    I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!

    People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.

    One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.

    Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.

    I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.

    Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.

    If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system



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  • logiclife
    05-23 11:56 PM
    Mercies,

    This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

    Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

    Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.





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  • gcnotfiledyet
    07-15 09:26 PM
    I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?

    Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.





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  • vegasbaby
    02-19 07:12 PM
    thanks guys for making the effort to understand my situation.

    I now need a couple of clarifications:

    Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.

    So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).

    Is that understanding correct? - yes.

    Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.

    Are my assumptions correct?

    Thanks much

    check above -





    GC_1000Watt
    12-11 03:03 PM
    Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

    Can I work while the case is appealed?

    No. You cannot unless you have a back - up of EAD.




    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

    There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.




    What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

    No idea.


    Can I start working once the receipt for the new h1b petition comes in?

    No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

    If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

    If consulate case, then you will have to get it stamp to start working.

    Can i transfer my approved I140 to a new employer ?

    I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

    I will really appreciate your feedback on this.


    Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    Thanks in advance.





    Munna Bhai
    12-14 10:15 AM
    RFEs these days? Especialy for I140s?

    Yes, too many RFEs and we can expect more very soon because of AC21 usage etc.



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