Wednesday 8 June 2011

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  • Winner
    06-18 03:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    Cognizant to Wipro? Out of the frying pan, into a fire? :)




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  • saravanaraj.sathya
    08-03 10:29 AM
    Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...

    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)




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  • kumarc123
    11-06 01:57 PM
    [QUOTE=gc_on_demand;300813]http://money.cnn.com/2008/11/06/news/economy/new_day_on_Capitol_Hill/index.htm

    Also no of other sites are also pointing a lame duck session in Nov. Senate and house will meet on Nov 17th for something. Pelosi is arguing for new economy bill..

    Should we start active compaign for HR 5882. I think still we are in same year and we have at end of Committee. Senate has also same version of bill..

    Core : Please update if thinking to start campaign for this one. Lots of economist also suggesting to give gc to legal immigrants so they can buy house.

    Please post yout thoughts.[/QUOTE

    Not a bad idea, we can request for increase in the availability of green card numbers, as their are a lot of immigrants who are waiting to be potential home buyers, only obstacle in their path is a lack of green card.

    Well we can come with a list of some senators we can call, and send numerous fax letters to Pelosi's office. How about we call and send a fax our degree copy and our letter.


    Guys this is our golden chance, I request you all to please treat this matter with assertiveness.


    Thanks




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  • tanu_75
    07-29 02:53 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.

    Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.



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  • aadimanav
    03-02 09:57 AM
    Source:
    http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm


    100,000 pros may return to India from US


    As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.

    The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.

    The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.

    Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.

    It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.

    "A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.

    Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.

    "There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.

    Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.

    "With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.

    India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.

    The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.




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  • miguy
    07-19 10:18 AM
    It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
    So they prefer EAD over H1/J1 as they can avoid the process of application.
    This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.

    Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.

    Thansk for your reply. In the Residency application(ERAS), there are two categories:

    1) Visa - J1, H1, EAD etc
    2) No Visa requirement - Green Card/US Citizen.

    If we check EAD, they will think that we need a visa which we don't
    If we check Green Card, technically we do not have our green cards yet

    What is the best thing to do?



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  • jlt007us
    09-14 01:20 PM
    Case 2:

    I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
    But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.

    1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
    2. EAD/AP based on filing of case 2 is invalid.
    3. Depends on what you are working on? H1b? EAD?

    The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.




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  • bagha
    07-11 11:01 AM
    I'm in similar situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

    Thanks in advance.



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  • god_bless_you
    04-23 10:40 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)




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  • anandrajesh
    04-07 11:40 PM
    I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.

    Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?

    Any help will be greatly appreciated!


    Dont worry about it. Enjoy your cruise trip.



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  • rkp27
    07-11 03:10 PM
    Not every member here is a MAN (to be a Gentalman), some are women, do they not count? :)

    Pople like you does not count :( ... only man and woman counts.. hope this helps you.




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  • eastindia
    11-16 02:05 PM
    Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!

    I agree.



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  • Dhundhun
    04-15 04:04 PM
    Congratulations! But I think freedom is yet months away - need to be with same employer for some more time.




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  • BharatPremi
    09-20 06:38 PM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

    One reason to have more Eb2 in 2006 is tiresome wait in EB3. Many people after PERM implementation (May 2005) decided to go for second file in EB2 and hence the more EB2 files in 2006.



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  • psaxena
    03-09 06:46 PM
    Thanks Vin13.
    I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.

    Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
    Please advice.

    Thanks in Advance.




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  • permfiling
    10-27 01:27 PM
    Congrats ! I guess the 3 green card is a magic number as mine was 10 yrs stay and 3 GC applications as well.

    Did you receive the I-797 approval letter and at which service center was your case approved at.

    Thanks



    Hi All,

    After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.

    However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

    following is the current status in the online status of my 485:


    Post Decision Activity

    On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.



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  • busy
    03-09 12:01 AM
    Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?




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  • pan123
    10-25 02:39 PM
    Guys,

    I need urgent answer on this question. Does anybody know how long it's taking for I-140 premium processing? I believe my I-140 will be processed from Nebraska service center.


    Thanks,




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  • sparky_jones
    09-30 07:49 PM
    Thanks for your response. I guess option 1 would be preferable. However, the fact that there is no straightforward way of confirming if USCIS took action on the request to remove the attorney is a little unnerving.

    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?




    forgerator
    12-17 12:19 PM
    is the best way to carry cash.... If you do not want money right away, you wait until dollar appreciate...if you carry cash, it is a risk/liability...

    Agreed.
    I don't know about India but in Pakistan carrying cash is a huge risk. I have heard several stories of people (including relatives of some of my friends) who got robbed upon arriving at Karachi and they were carrying lots of cash / jewelry.

    Why take the risk?




    i99
    09-26 01:18 PM
    Answer to the initital inquiry in this thread:

    I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(



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