Monday, June 13, 2011

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  • maverick_joe
    02-12 02:24 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?

    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag




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  • skd
    01-12 12:48 PM
    ^^^^

    Its' very depressing state, I really feel bad about current state of affairs of economy...

    Its' very depressing , So lets close this thread :(

    But gcformeornot Don't give me read for that , Nothing against you , I am giving you green




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  • smisachu
    01-02 02:09 AM
    See my answers below. Best of Luck!!


    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
    Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
    Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]




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  • Berkeleybee
    05-17 01:22 PM
    BerkeleyBee,
    Thanks for opening a seperate thread for this.

    Looking at the proceedings for the last 2 days i feel those opposed to immigration r using the delaying tactic to somwhow push out and kill the bill. It also looks like some form of the bill will come out eventually.
    There are enough provisions in the bill which will have a significant effect on retrogression when it becomes a law.

    As the bill progresses in the senate and in the conference, they may push out the effective date ( for the bill to become a law) to get the house aboard.

    I wonder if we can ask for some non controversial portions of the bill such as capturing unused VISA numbers (they must be 90K) to become law immediatly. This will ease retrogression significantly as there will be no country limits for those numbers.

    Can we ask any Senator to bring such an amendment.
    (remember those who r here illegally and who need to wait for 8 years to apply for G.C can wait an year more. Need i say about those stuck in the Employment based categories.)

    --MC

    Mchundi,

    I understand your anxiety. To answer your questions:

    There is no chance of having any single set of provisions "become law immediately."

    Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.

    For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.

    Hang in there!

    best,
    Berkeleybee



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  • fromnaija
    11-09 01:54 PM
    Done!

    I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.




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  • kminkeller
    03-09 01:08 PM
    Hmm thats weird. So what is porting? Does it mean that you can port from EB2 to EB2 only? I was thinking since I have my approved labor and I140 on EB3 and now as I have gained more experience and my salary meets the criteria I should be able to port from EB2 to EB3. If this is not the case then it is messed up.

    BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.

    Anyone has any insight to this matter.

    Thanks.



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  • ilikekilo
    04-19 05:21 PM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.


    try this

    not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.

    watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.

    BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.

    lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck




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  • topgun_gc
    07-12 11:05 AM
    Vivek,

    Can you please share more.? My company also deals with Littler Global, and have not heard such news as of now.



    Our lawyer Company has decided to file the AOS application in July

    I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.

    Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.

    Wanted to share this information as it may be helpful for you folks too ...

    Vivek



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  • shree772000
    08-13 03:36 PM
    who is vld rao?

    His full name is venkateshwar rao.....:p




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  • pasupuleti
    01-31 12:21 PM
    I work for a good consulting company, completed 3 years in that company.
    Since it is a consulting company my pay is less unless i go full-time.
    I started thinking about going full-time with other companies and got offers from two companies.

    Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

    I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)



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  • Friend
    02-19 09:17 AM
    USCIS people rejected the Application. Now the application is with my Attorney. So which option I need to select the for the taking the Info Pass appointment. My Attorney is telling if they accept the application and they put any RFE so that we can take the Info Pass appointment is it correct?

    Can you suggest which option i need to select for info pass appointment for my case?

    Thanks for your valuable response.

    Thanks.




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  • GCwaitforever
    11-06 11:58 AM
    I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.



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  • smartboy75
    09-22 11:11 PM
    09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases

    If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
    Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
    OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
    Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
    Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.

    Source: www.immigration-law.com




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  • leoindiano
    07-09 11:55 AM
    Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....

    Anybody in same boaT?



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  • cahaba
    04-13 04:22 PM
    Any ideas guys on legal ways to tacke this situation? This is extremely urgent. Pl let know if you have any comments.




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  • Ramba
    05-01 11:21 AM
    If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.

    If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.



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  • whitecollarslave
    08-04 04:02 PM
    I have a copy of the I-140 Approval Notice. It does not have A# nor any field for A#. What am I missing? Guys, please clarify.




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  • smisachu
    09-27 06:29 PM
    He could have an algorithm trading for him while he is busy with his day job and that could make 10-20 trades a day:p

    It dosent matter if you are on H1; because as long as you have your H1 job then it is just investments you are doing. Just out of curiosity; are you a technical/chart guy or do you use quantitative techniques?


    y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....




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  • eb3_nepa
    10-19 09:43 AM
    So what is the rule? The salary should be exact or can it go up or down?




    wait_2010
    07-25 02:39 PM
    I believe people who suggest that they follow career before GC are right to an extent. But to me the you have to chose..losing freedom to chose ur employer vs losing one career oppoertunity ...If u have GC you can chose from other opportunities and surely there will be plenty..Especially u r close to GC, it might be worth the risk and wait to get GC..even if u get an EAD , it will make life simple for ur wife and urself as she can get a job in any place and any employer and u will have the same option...Nothing beats freedom...
    It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...




    admin
    04-06 11:22 AM
    Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.

    Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.

    I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!


    Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.



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