Sunday, June 19, 2011

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  • willigetagc
    08-26 12:26 PM
    Why cannot they just say it?. Why can’t they say that it will take 2 days to 22 days or 222 days to transfer the amount?, if someone needs to send money due to an emergency, they do it thinking that the money will be transferred in two or three days, a week maybe…

    Beats me! I don't know why they (the indians) do that. They make agressive promises and then fail to meet them. They should adopt the US business style of promising results in 5-7 business days and then deliver in 3-4 days. It then becomes the customer's headache to plan accordingly and they (the customers) are in fact delighted to get the work done in 3-4 days.

    (Never mind the fact that the work would actually take them less than 1-2 bus day ;))




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  • bkarnik
    09-17 01:50 PM
    The effective date could be one of the amendments .... it is changeable.

    yes it is...but will they do it?:)




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  • akred
    08-25 10:21 PM
    Can you suggest some credit unions please.

    Thank you.

    The one I use is www.1sttech.com (http://www.1sttech.com). They do not require a SSN or ITIN for this, although you can get an ITIN if needed for account opening purposes.

    You do not have to add them as joint owners. They ask you to fill out their form and a W8-BEN, following which you get ATM cards that you can mail to your family overseas.




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  • cygent
    10-09 04:55 PM
    Some people gave me red for joking about "blood sucking employers". You have no clue how badly they have screwed me but not my "wife" or "mother" like you have suggested. That comment was totally uncalled for. If you have any guts atleast reveal your userID. I have updated my original post to answer your questions and pacify the 1st commenter.



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  • snathan
    04-18 02:47 PM
    My M.C.A was 3 years. this will help?

    -vga

    You 3 years Bachelor might be an issue... also your Bachelor and Master's are not in the same field. So I am really doubtful you will get through EB2. Now a days USCIS is very strict about the degree..




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  • smodekurti
    10-12 05:23 PM
    Guys
    Please do update us if any of you or your respective attorneys have received the notice from USCIS. I am in touch with the attorney of my previous company and hope to have something next week. Will keep you posted but looks like USCIS has started this exercise only recently as we have not seen this kind of posts in the past or as SmartBoy mentioned, many of us might not have created a portfolio to check the status of all the approvals we received so far on our immigration journey.



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  • inspectorfox
    10-10 04:57 PM
    Effect of Travel While in H1B / L-1 Status and Pending I-485

    There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.

    One Entering on AP Becomes a Parolee

    It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.

    The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.

    Parolee may Work for H1B (or L-1) Employer without Valid EAD

    Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.

    One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.

    EAD is Safer / H1B Makes Extensions Possible

    As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.

    Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition

    The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.

    Similar Result if Employer Files H1B Amendment

    The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.

    Conclusion

    An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.




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  • mirage
    03-11 11:16 AM
    Congrats!!!
    Got a mails from USCIS that both my case and my spouse's case are approved and card will arrive shortly. However the online status still says 'Pending'.

    Is this common and will the online status change in a couple of days?

    TSC
    EB2 PD Dec 2003
    Filed date 08/02/2007



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  • tonyHK12
    03-29 06:50 PM
    Just donated $50 for the effort. Thanks to all the volunteers in this effort.

    thank you




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  • gveerab
    11-01 11:59 AM
    For all of you who have send me a pvt. message asking me how to reach IO @ TSC, here are the steps:

    1) Call Customer Service @ 1 800 375 5283
    2) Continue in english, hit 1
    3) To check the status, hit 2
    4) Know your receipt number, hit 1
    5) Enter Receipt number, and then for SRC, hit 1
    6) Confirm Receipt Number, hit 1
    7) You will now hear the status of your case. At this point, hit 3 to "Report a problem".

    Here is the trick - now you will hear 4 options. I believe # 3 is "If your case is outside the processing time..." and # 4 is for "If you have filed several cases and have received a decision on....". You want to hit # 4 and you will be connected to an IO at TSC.

    Just a word of caution: You will be talking to an Immigration Officer @ TSC so please be very polite. Some officers will tell you that they cannot give you any information, or you should be calling Customer Service number, simply say 'Thank You' and hang up. It might take days/weeks before you reach an IO who would be willing to help.

    Again, the sequence is:
    Call the customer service number.
    Press 1, 2, 1, Enter Receipt Number, Hit 1 for SRC, Hit 1 to confirm RN, 3 to report a problem, 4 to connect to an officer @ TSC.



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  • ryan
    04-22 10:14 AM
    This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

    Yes it is unfair in some ways. Couple of my very close friends (who are also colleagues) --one is of Lebanese Origin, raised in Dubai, and the other, Taiwanese Origin, raised in Uruguay. They are in similar Finance positions as I (though I am a step senior) had the entire process, from the PERM, to card delivery, completed in 11 and 7 months, respectively. Whilst I am waiting the last 5+ years. It can get you down at times, and feels like living in a constant state of "temporariness". However life does go on :)




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  • ak27
    06-14 12:31 PM
    I am little bit worried because IO needs to go to HO and get approval before they can approve an applications due to pending name check over 180 days. there was law suite and Judge has forced USCIS issue green card if name check has been pending over 180 days but, there has been new memo from USCIS field director and IO has to write to HO and get approval in these cases.. I am not sure whether an IO will be willing to go head office for an applicant.



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  • webm
    08-11 03:17 PM
    These before Nov2001 applicants reasons could be labor substitution (LS) or stuck in FBI/NC or other GC initiating/140 marriage delays...and therefore got a chance to apply in June/July'07 fiasco..along with their spouses..

    ----------------
    EB3-I Oct,2001




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  • m306m
    12-13 03:52 PM
    Jazz,

    As far as the fund drive is concerned I disagree that without the VB we would have not reached our goal We over 22.5K in 6 days. The VB provided a push but I am sure we could have collected the remaining 7.5K in 24 days.

    Do you think the drive would have reached its original goal yesterday/early today without the January visa bulletin retrogressing us even further...?

    I have my doubts about that... :)

    And how far in the past would we need to retrogress to get another funding drive done...?

    jazz



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  • aviko21
    09-29 02:56 AM
    well don;t wanna scare you but this guy might be going for everything!
    i mean he is not only going to give the current petition a thump but wants to send your old one down the drain too!

    It all might be nothing if you think everything is correct: meaning there is no fraud on your application and your employer is not blacklisted.
    Please consult a lawyer raher than worry yourself crazy to find out more.
    Good luck

    ( in think that answers your question 1&3, for the 2 nd question regarding what will happen to your current petition, I hope he doesn;t mess with those cases too)

    Sincerely hope i was able to help!




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  • bskrishna
    06-11 11:39 AM
    Thx for the response..

    I am already in touch with my insurance claim representative. He told that the insurance's attorney will be responding to the suit and requested me the send the papers asap (which I am going to do today). and they will take care of attorney's expenses.

    One more thing that he clearly told is, that they can pay up to $50K and beyond that I have to take care.

    -- I don't have any assets here(like shares, house etc)
    -- Though I have a house in my country(not sure that would be counted as asset here in this case)
    -- Even my bank balance is minimal

    I already went thru lots of pain since the accident, and when I thought its all over, it is coming back..Hope I will be able to pass this test, as it is not as complicated as long waiting of GC :)

    Good luck with your lawsuit. This country is so much screwed up because of these lawsuits which demand inordinate amounts.



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  • ndialani
    10-30 07:41 PM
    Thanks Caliguy for all your help.
    I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
    First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
    I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Reciept,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
    After 30 minutes of searching, i found my approved I140 from 2006.
    I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
    I explained my situation again and gave him all the info .He even asked my contact phone no.
    i gave it to him.
    I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
    Should i call on Monday.
    Man! this weekend will be a GRIND!
    I wish , i had the I140 handy.
    So all of you there,
    Learn from my mistake...please have all the documents with you....you never know, what they will ask for.
    Thanks again Caliguy!!!!




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  • PresidentO
    05-14 10:07 AM
    Are u a crazy ??? He is not teaching you (Looks like you need some teaching anyway)
    Just a question , how are you fighting the immigration war.. (You fight a war , and solve a problem)
    Anyone has the right to express his opinion. You start calling people coward..

    If you have nothing in India to cherish for, Doesn't mean that other people dont have it either?

    sidbee,

    I am afraid you are being naive here. What the OP is saying is

    (1) We should all go back to our home land, because he has some opinions and positions on what is considered turning back to home land. You might not see it but he is trying to shape opinion of others very intelligently. Who says this? Some one who does not want competition here. Well, if this was coming from some one who is in India I will give him props. He is in US for 10 years and he is saying US GC system sucks and I will go to canada in 2 years. Damn it! I am better than him because I will go to India and not canada. I will stop short of saying that every one should go back to India or his/her homeland.

    (2) We all have no right to talk because this is not our country. or We are not in our country and we should not talk. Who says this? Again folks who dont want people here.

    (3) Even if I give him the benefit of doubt on other issues, he thinks country caps are OK. Any one who argues for country caps in EB GC with out asking for a country caps in F1/H1B which server as conduit to H1B actually wants the disadvantage to lot of people to his advantage.

    Just dont read the words as it is. try to infer some thing. These days trolls have got too much brains.




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  • trueguy
    11-04 04:03 PM
    What do you think is the percentage of EB3 -I, who entered their info in this poll?

    That is the million dollar question :) and I wish we knew the answer




    vdlrao
    04-16 11:14 PM
    what makes you say so ?


    its not only for IT professionals with Eng Degree



    Pheonix is one of the best available uni for long distance learning.



    Dont know what do you mean, as long as application is legal, confirming to law, it is as good as any other EB2 application.

    Please dont pass judgements and refrain from spreading wrong information as factual statments. only suggestions should be welcome.


    If USCIS is approving H1B/L1 applications, for any Software job, with a B.Com or B.A degree, then defenitely, it's a high time for it to change the rules for the H1B educational qualifications. I don't mind to port to EB1, if its accepting online degress, by getting a Ph.d deegree from a tri valley online university :D.



    .




    Karthikthiru
    07-11 08:24 PM
    Any new updates for this thread

    Karthik



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