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Wednesday, June 8, 2011

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  • cinqsit
    01-23 12:47 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha

    if its approved I think you get it back the same day (that was back in 2007)

    if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic

    cinqsit





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  • gc28262
    07-15 09:41 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    OR
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.

    I am not a legal expert.

    For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.

    The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.

    BTW my I-94 expired more than a year ago when I switched over to EAD.





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  • hebbar77
    06-05 08:47 PM
    Looks like everything in GM is on sale.
    http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news

    Saturn is sold for $100 to $200 mn.

    Who knows GM may sell the retired brands for 1 or 2 mn.
    http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand

    Now the important question.
    Did tatas overpay for jaguar and landrover ? Looks like they did.

    Even I got a garage sale this weekend!





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  • vin13
    02-19 07:59 AM
    I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI

    1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.

    2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:

    3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.

    So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.



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  • reddog
    06-18 04:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.

    Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.

    Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
    Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
    Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?

    I still do not know why would you want to work thru a different Vendor?
    Is this a Preferred Vendor issue?
    I mean, if you are anyways going on an AC21(assuming you are one of us :))
    why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.

    And finally, if the Non-compete is between the Client and the Vendor, why are you worried?




    someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

    Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant





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  • paritp
    03-04 04:34 PM
    congratulations.!!!!!!!!!!!!!!



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  • iptel
    07-18 05:19 PM
    I agree with Dixie. I feel there is no point in seeing visa bulletin or calculating date for EB3 until some law passes.





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  • ImmiLosers
    03-11 07:56 PM
    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.

    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

    ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.



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  • amsgc
    01-31 09:47 PM
    If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html

    As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.

    By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?


    I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?

    I am still waiting for it to show the availablity. But I got HDFC receipt from India.

    Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??

    Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????

    Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p





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  • rameshk
    03-16 12:43 PM
    Here is an article from yahoo.co.in

    US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)

    ===========================

    Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.

    Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.

    The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.

    Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.

    The new legislation provides visas to the following groups under certain conditions:

    First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.

    Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.

    Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.

    Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.

    'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.

    'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.

    'Helping them stay to invest in their ideas and create jobs benefits all Americans.'



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  • signin241
    07-27 10:02 AM
    Your friend should be fine as he is

    1. married before his 485 got approved
    2. his wife's application reached NSC before his 485 got approved.

    So they are perfectly fine and this situation would happen to anybody who is filing 485 alone and getting married later. They all will wait until their respective PDs become CURRENT and then send their spouse's 485.
    Primary applicant may be approved 485 soon and the wife's later. 180 day window is there.

    Please correct me if I'm wrong ....... I'm just a junior member of this forum.





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  • parimmigv
    10-08 06:05 PM
    Thanks for detailed responses.



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  • deekay
    06-21 11:57 AM
    I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

    I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

    I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

    Thanks





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  • jliechty
    November 1st, 2004, 10:50 AM
    No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.
    I agree, and also agree with FNM's comments about why #1 and #2 don't work for me.

    USCIS release [Archive] - Immigration Voice

    View Full Version : USCIS release




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  • phantomias
    10-27 02:57 AM
    I have the same problem which zico described at below and I submitted my I-20 for an h1B amendment. It starts before my grace period time ends up.

    My question is my amendment is still on pending process since September 17th. Will I be out of status if the school or I cancel my I-20 BEFORE the result of pending process of my H1B amendment?( Am I safe since I already passed October 1st?)

    Second question is:Can I do an H1B transfer to another company in such a situation?

    Thanks a lot for all help!!






    My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)

    Anyone else in similar situation with any information?

    Case:
    * Regular quota (65k) Premium processing @ VSC
    * Receipt date: April 9th (via email)
    * Approved: April 15th (checked online status)
    * Lawyer received mail approval on April 18th (US Postal Mail)
    * Planning on taking Kaplan course from June - September which can be extended till Oct





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  • delhiguy
    07-02 03:57 PM
    So was he planning to dump her?

    Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'

    USCIS, what kind of sadist org/agency you are??


    No ... unless she dumps him, I hope you have a bright future ahead..



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  • rahul2699
    05-20 08:01 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

    and your question is?





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  • GCchakravyuh
    07-17 01:53 AM
    great news.

    new important points:
    1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "

    2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"

    Just hoping that by some miracle tomorrows news is even better than expected.

    BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"

    the celebration of point 1) above gets contradicted by the passimistic fact written at the end of same article : :(
    (((But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive." )))





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  • raysaikat
    11-30 09:51 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.

    The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).





    immm
    07-07 01:45 PM
    (Admins, please delete this thread if already covered)

    http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html

    Our View: Feds play games with immigrants
    They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
    Last Updated: July 7, 2007, 03:16:02 AM PDT

    If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
    Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.

    But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.

    This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.

    Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.

    The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.

    It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.

    In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.





    srikondoji
    06-12 09:06 PM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.



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