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  • ski_dude12
    07-16 09:33 AM
    see Greg Siskind's blog :
    http://blogs.ilw.com/gregsiskind/

    An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting


    Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

    This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:

    - fighting multiple lawsuits including at least two class action matters
    - staving off congressional hearings and the release of embarrassing documents
    - answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack

    One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.

    Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.

    Thanks,
    -Ski





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  • Gravitation
    12-19 12:32 AM
    There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

    The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

    Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.





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  • jotv
    11-19 08:27 PM
    hello,
    i took only one dd totally 4322 (4000+322) for h1b first time stamping.in thehdfc bank some other people also did the same thing.

    if its wrong means how come hdfc people will give dd as a single one.

    please tell me is it ok because i already took the appointment also. is there anybody please suggest me. before going to interview is there any dds i have to take ? your suggestion is really helpful for me.





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  • trueguy
    08-11 01:15 PM
    Bump



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  • Berkeleybee
    02-05 02:30 PM
    All,

    Just wanted to say, if you think everything is going to be fine cos PACE has 30 democrat and 30 republican supporters, think again. The right wing has already mobilized its talking heads, look for more stories that discredit the basic premises of PACE and the American Competitiveness Initiative.

    This from David Brooks, Op Ed columnist at the NYT, on Feb 2, 2006.


    Copyright 2006 The New York Times Company
    The New York Times

    February 2, 2006 Thursday
    Late Edition - Final


    HEADLINE: The Nation of the Future

    BYLINE: By DAVID BROOKS

    BODY:


    Everywhere I go people tell me China and India are going to blow by us in the coming decades. They've got the hunger. They've got the people. They've got the future. We're a tired old power, destined to fade back to the second tier of nations, like Britain did in the 20th century.

    This sentiment is everywhere -- except in the evidence. The facts and figures tell a different story.

    Has the United States lost its vitality? No. Americans remain the hardest working people on the face of the earth and the most productive. As William W. Lewis, the founding director of the McKinsey Global Institute, wrote, ''The United States is the productivity leader in virtually every industry.'' And productivity rates are surging faster now than they did even in the 1990's.

    Has the United States stopped investing in the future? No. The U.S. accounts for roughly 40 percent of the world's R. & D. spending. More money was invested in research and development in this country than in the other G-7 nations combined.

    Is the United States becoming a less important player in the world economy? Not yet. In 1971, the U.S. economy accounted for 30.52 percent of the world's G.D.P. Since then, we've seen the rise of Japan, China, India and the Asian tigers. The U.S. now accounts for 30.74 percent of world G.D.P., a slightly higher figure.

    What about the shortage of scientists and engineers? Vastly overblown. According to Duke School of Engineering researchers, the U.S. produces more engineers per capita than China or India. According to The Wall Street Journal, firms with engineering openings find themselves flooded with resumes. Unemployment rates for scientists and engineers are no lower than for other professions, and in some specialties, such as electrical engineering, they are notably higher.

    Michael Teitelbaum of the Alfred P. Sloan Foundation told The Wall Street Journal last November, ''No one I know who has looked at the data with an open mind has been able to find any sign of a current shortage.'' The G.A.O., the RAND Corporation and many other researchers have picked apart the quickie studies that warn of a science and engineering gap. ''We did not find evidence that such shortages have existed at least since 1990, nor that they are on the horizon,'' the RAND report concluded.

    What about America's lamentable education system? Well, it's true we do a mediocre job of educating people from age 0 to 18, even though we spend by far more per pupil than any other nation on earth. But we do an outstanding job of training people from ages 18 to 65.

    At least 22 out of the top 30 universities in the world are American. More foreign students come to American universities now than before 9/11.

    More important, the American workplace is so competitive, companies are compelled to promote lifelong learning. A U.N. report this year ranked the U.S. third in the world in ease of doing business, after New Zealand and Singapore. The U.S. has the second most competitive economy on earth, after Finland, according the latest Global Competitiveness Report. As Michael Porter of Harvard told The National Journal, ''The U.S. is second to none in terms of innovation and an innovative environment.''

    What about partisan gridlock and our dysfunctional political system? Well, entitlement debt remains the biggest threat to the country's well-being, but in one area vital to the country's future posterity, we have reached a beneficent consensus. American liberals have given up on industrial policy, and American conservatives now embrace an aggressive federal role for basic research.

    Ford and G.M. totter and almost nobody suggests using public money to prop them up. On the other hand, President Bush, reputed to be hostile to science, has increased the federal scientific research budget by 50 percent since taking office, to $137 billion annually. Senators Lamar Alexander and Jeff Bingaman have proposed excellent legislation that would double the R. & D. tax credit and create a Darpa-style lab in the Department of Energy, devoting $9 billion for scientific research and education. That bill has 60 co-sponsors, 30 Democrats and 30 Republicans.

    Recent polling suggests that people in Afghanistan and Iraq are more optimistic about their nations' futures than people in the United States. That's just crazy, even given our problems with health care, growing inequality and such. America's problem over the next 50 years will not be wrestling with decline. It will be helping the frustrated individuals and nations left so far behind.





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  • jsb
    05-18 12:18 AM
    Could someone having experience with self EAD renewal, please provide, application form #, documents needed for EAD renewal, and fee. I would like to do it myself.



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  • Templarian
    11-11 12:48 PM
    Where are the winners posted? It's already 11th !
    Remember the time zones. The contested only ended 7 hours ago (think I did that math right).

    Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.





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  • rama0083
    03-07 12:41 PM
    My wife, who has been with me in the US since 2005, re-entered the US (after a vacation in India) on an H4 visa on JAN-18-2008 but the immigration official at the airport wrongly stamped the entry date as JAN-18-2007? The entry date on the passport is also stamped wrongly as JAN-18-2007. How big a deal is this? The expiry date of the visa is stamped correctly as Nov-2009. I read that the place to get this corrected is the US Customs and Border Protection Deferred Inspection Site where she entered (Chicago):

    http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    But when I called the office I got voice-mail. Is there any other way to get this corrected?



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  • franklin
    07-11 05:50 PM
    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D





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  • mnq1979
    05-21 03:10 PM
    You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
    If you've made decision to work for your current employer on Permanant basis then that would be it..
    It's not good or bad.. just keep it simple

    hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?



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  • Hong12
    12-14 12:29 AM
    Thanks for a quick response. I checked with my lawyer, and he said that this petition letter is the one they sent to the USCIS, which got approved on the H1 Recapture. This petition letter has somebody else�s education, work experience and job duty on it. The application sent to USCIS has the correct name and sponsoring company, which are my name and my sponsoring company name on it. So, the I-797 (Approval Notice) has my name and my sponsoring company on it. The issue is the petition letter is all screwed up. My lawyer does not give me any advices at all. Please advise what I should do for the interview at US Consular due to my petition letter, which contains somebody else�s background on it. Do I have to resubmit again? Will I get rejected? Are there any better options for me? Thank you very much.





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  • vandanaverdia
    09-11 12:58 PM
    There is very little time & lots to achieve.
    Calling all Washingtonians & Oregonians....



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  • indianindian2006
    02-08 08:38 PM
    what is OCI??

    Overseas citizen of India





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  • desi3933
    01-23 01:15 PM
    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?

    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.


    You should be fine. From these details, it seems you were not out of status.

    Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.





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  • GCwaitforever
    07-19 04:00 PM
    Congratulations.



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  • ubetman
    08-05 08:50 AM
    guyz,

    Did I make sense in my previous post...suggestions plz...thanks...





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  • amsgc
    06-30 07:26 PM
    I like this thread - positive, reasonable, and makes sense.





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  • vegasbaby
    02-23 12:52 AM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.


    Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.

    My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.

    But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.





    kubmilegaGC
    09-14 06:58 PM
    When you add things up = total 34 responses still waiting...this looks like a low number - anyone else care to vote - so that we try to figure this out on our own??





    harshailan
    07-31 05:05 PM
    If your H1 visa is rejected in canada, they will cancel the existing visa saying you are not eligible. You cannot come back to US again. You need to go to Chennai again for stamping.

    Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).

    Hope this helps.

    Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)