Thursday, June 23, 2011

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  • rahul2699
    05-19 11:13 AM
    My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

    Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...




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  • vivache
    11-06 09:52 PM
    Ok .. let me give you the math before getting to the question: )

    Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf


    140 k GC numbers every year
    85% available for folks in US, which is 199k
    Out of these 119 k visas available, 40k are Eb3 category ..
    10% for country .. so India's numbers should be 4000 a year

    There are 14000 Eb3 visas before mine
    Out of these 4750 are from India

    So maybe I get the GC in 1 year 2 months?
    Starting from? next Oct 10, meaning GC in Dec 11?

    7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?

    What is confusing is this?
    As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
    And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
    If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?




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  • Macaca
    01-20 12:41 PM
    I have already contributed $ 200 in the past. I prefer to make one time contributions instead of recurring.

    Contributions is the need of the hour. Please help in contributions from other members. Thanks.




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  • ameryki
    09-30 09:23 PM
    is there anyway USCIS would find out that this person changed jobs within 180 days of 485 filing when he or she applies for H1 transfer? and then that could result in 485 denial?



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  • jkays94
    05-30 10:10 PM
    Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)




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  • bbenhill
    03-05 06:28 PM
    Hi,

    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..

    Regards.



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  • vivache
    10-04 05:42 PM
    Hi Thomas
    That sounds perfect.
    To clarify.
    1. When did you go for the stamping?
    2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."

    Thanks
    Vivek

    I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.




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  • sidd_k2002
    03-24 09:00 PM
    Friends any more suggestions regarding my problem here. Plese share ur knowledge.



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  • little_willy
    07-28 06:24 PM
    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
    You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864




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  • greencard_fever
    07-17 11:01 AM
    I think they are doing the right thing. We all should let them work on our cases instead of calling them. We all know how productive they already are. Calling them does not help them or us.

    Calling them is just our self-satisfaction.We have already seen how good USCIS is working after July - 2007 Fiasco.I personally impressed the way they are working..i have seen so many I-485 approvals in my friend circle and at my work place from January,that it self incidates that USCIS is really working.



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  • babu123
    08-29 12:33 PM
    I checked my bank account today. The checks got encashed.
    USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.




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  • mmk123
    10-01 08:26 AM
    waitingnwaiting, what a useless attempt to further divide EB community?

    I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.

    The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..

    - m



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  • reddymjm
    05-15 11:06 AM
    Here is my $100

    Paypal Receipt ID: 8D5173328S121125D

    Come on everyone... donate a small percentage of your stimulus package.

    Good Job elaiyam.




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  • idreamofgc
    06-02 09:06 PM
    I am a client of fragemonon and what does it mean now
    my case was audited on may 21. They were saying there are 10,000
    cases they filed and all are audited. What is supervised recruitment

    ?????

    are we doomed?

    Where did you get this 10,000 number from ? Any sources ?

    Frago-moron killed our GC dream.



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  • Dhundhun
    05-22 01:07 AM
    hi thanks your input.
    what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

    I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC




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  • priderock
    08-16 12:29 PM
    yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.

    If there are any, they must have talked to some one and got it approved by now, because there is no order in approvals any way... :)



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  • gcadream
    12-10 07:43 AM
    Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
    Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.




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  • 485Mbe4001
    10-24 01:08 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.



    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....




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  • indyanguy
    06-18 02:22 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?

    Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?




    TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.




    coolvigo
    07-15 10:45 AM
    Did either of you check with your lawyer on this?



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