Tuesday, June 7, 2011

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  • questions
    06-06 02:02 AM
    Hi Bhatt,

    thank you! :)
    I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
    I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
    Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?





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  • WeShallOvercome
    07-25 01:37 PM
    >>>>





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  • RSM1444
    05-06 11:38 PM
    I am also in the same scenario. Any info will be appreciated.





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  • cdeneo
    12-29 01:21 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.



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  • usgc07
    02-15 09:23 AM
    Hi,
    My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
    That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.

    Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.

    or
    he might issue the H1B visa because it is a dual intent visa.

    So what's the chances of her getting the H1B visa.

    Thanks





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  • gc_lover
    06-24 11:26 AM
    __________________________________________________ ______

    Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.

    __________________________________________________ ______

    I found this article on
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

    So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!



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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.


    That depends on the lawyer, Filing fees are $300


    if i get denied, she will be denied too
    Yes

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.





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  • jsb
    10-29 02:49 PM
    The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).

    If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.

    That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.



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  • snathan
    02-12 12:55 PM
    To Whom It May Concern:

    My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

    What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

    Please advise.

    Thank you so much for your time!

    If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.

    You never know. When you have back up why you worry.





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  • morchu
    05-12 07:17 PM
    Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.

    Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).

    Obviously you need to show about your strong ties in home country and why you might want to come back.

    But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.

    Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?

    In other words, I can never step back into the US?



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  • kerstbrd
    02-22 06:17 PM
    I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

    I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
    Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
    I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

    Anyway, I was just frustated, sorry about this rage but just needed an outlet.

    People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
    & /OR B) They have good lawyer, who is very much prudent and willing to take chances.

    Any other theories and welcome

    *CONDITIONS APPLY LOL

    my friend, you've been played. EB1 requires no labor cert. Your lawyer convinced you to "chicken out" & wait a couple of years longer in the queue. Thereby paying him fees to help you do labor certs and multiple H1/EAD/AP renewals.





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  • thesparky007
    04-24 07:13 PM
    k-mannnnnnnnnn!!!!!!!!



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  • sprash
    06-01 06:26 PM
    I had an RFE last year and they asked me to submit photos. They claimed I had not sent photos, which is untrue. I had sent them, but they probably lost them.





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  • cybergold
    04-28 05:38 PM
    ok thanks, i'll get rid of them right now



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  • JEESEE
    05-11 01:43 PM
    desimass77,

    I talked to the FAO and they seem to understand my situation. I just want to see if my wife qulifies as 'Qualified Non-Citizen' because she has not used her EAD as of yet and neither I have used my EAD or AP.





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  • JunRN
    09-25 12:48 PM
    Consult another lawyer, a reputable one.



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  • achu
    01-26 11:45 AM
    I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humougous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!

    Well Said. Others please share your thoughts.





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  • randomdude
    04-20 09:58 PM
    A friend of mine works for a non-profit and has always been with only one employer (employer A) . He had been on H1 for three years and then used his AC21/EAD card for a year now (again employer A - just wanted to save money by using EAD card instead of applying for H1 again). Can he reapply for an H1 again (same employer A again - no caps apply as this is a non-profit) or is it that once one uses an EAD card, H1 is given up forever?

    Thanks in advance





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  • cygent
    11-28 01:10 AM
    Same with my case any guesses are welcome.

    Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.





    punjabi
    01-28 09:47 AM
    CONGRATULATIONS!!!

    Please donate some money to IV at the earliest so IV can continue to fight for others!!

    Enjoy your new life!


    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.





    bskrishna
    05-15 11:33 PM
    Lots of positive starts...have to see which ones will make it..



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