Saturday, June 11, 2011

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  • somegchuh
    07-17 03:36 PM
    Just got back from Canada. It was really straightforward.

    Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
    On the way back showed green cards, again no questions....

    Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D





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  • satishku_2000
    06-15 11:08 PM
    Dude i think you have WAYYYY overestimated the processing times!!

    I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

    The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

    If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

    This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

    "Glad to hear.

    but.... correct me if I'm wrong but that doesn't really mean anything does it?
    doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

    I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
    any benefit or anything?"

    Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

    "well that's cool then. :-)
    glad to hear.


    So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
    :-)
    Just wondering if you'll have any sanity left by the end of that time.
    "





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  • greencardfever5
    08-23 07:56 PM
    I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.

    I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.

    1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
    a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.

    2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
    a. I am positive that I will be able to fulfill my boss�s expectations in either position.
    b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?

    3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?

    4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?

    5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
    In this case

    a. What will be the priority date?
    b. Can I and my spouse maintain the EAD card?

    6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
    a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
    b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
    c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.

    Thanking you in anticipation.





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  • kumarc123
    09-07 02:28 PM
    Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.

    Well I am a optimistic person,
    Maybe IO and Uscis knows something which we all don't know. If this happens, it will be all worth it, I hope what IO officer said really happens.

    In the meantime, lets focus on what we really need to do in regards to the pending bill

    Good luck to everyone



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  • bestin
    12-21 08:45 PM
    NRI Investing in Stocks India:
    Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

    I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

    well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .

    But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.

    I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.





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  • eb3_nepa
    11-06 12:21 PM
    Concurrent H-1Bs are always non-cap.:)

    What does that mean?

    I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(

    ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).



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  • sushilup
    11-14 09:53 AM
    Good question...any one experienced

    If this work, it will put you on better negotiation table also.:)





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  • need4gc
    08-15 01:50 PM
    Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any luck..to get the RN in next couple of days.
    It was signed by R William at 9:30 AM on 07/03/2007.



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  • forgerator
    05-02 07:11 PM
    I entered last year on Sept 2nd when my stamp was going to expire on Sept 30th, but I had my I797 with me. The officer asked me whether I was aware that my stamp is going to expire at end of September, I said yes I am aware. He then asked me for my I797 which clearly showed my H1 is valid until 2010. After about half an hour he let me through.





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  • jsb
    01-23 11:17 AM
    .... If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283. ...


    Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.

    True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.



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  • kalwinhobbess
    08-28 06:16 PM
    Its writern in the RFE. I got an RFE and in that letter its clearly mentioned by when you need to submit the required docs.





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  • bigboy007
    09-29 09:12 AM
    We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.
    Customs duty for any jewelry if not wearing as in custom rules. but i have noticed duty for coins and jewelry being actively pursued.



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  • GoneSouth
    03-15 05:25 PM
    If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.

    Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).

    Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.





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  • chanduv23
    08-06 04:38 PM
    ^^^^^^^^^^^^


    Please participate in publicity campaign, click on this link
    http://immigrationvoice.org/forum/showthread.php?p=141453#post141453



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  • mytrix76
    01-10 01:20 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks





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  • abhijitp
    06-21 01:59 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100



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  • Neocrack
    04-19 11:31 PM
    I had the same situation:
    1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)

    2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).





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  • anilsal
    12-01 08:40 PM
    via regular mail. There is no tracking available. If it is lost, it is lost. That is what I hate about both the EAD and AP process.:mad:

    In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.





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  • viswanadh73
    01-07 11:19 AM
    can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.





    njboy
    10-02 03:11 PM
    if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..





    GCBy3000
    07-25 05:25 PM
    I got promoted to managerial position and I got depromoted back during my H1 extn time when the company attorney noticed the change in my title. He politiely conferenced me and HR and said it is not acceptable as my GC is pending unless otherwise my company is willing to put me back in the LC position during my AOS filing. My duties change d as my title change, but I was still doing 50% of what was explained in the LC. Again there was no other pun intended reason for my demotion to make it clear. Each attorney is different, but it scews the candidates since the company HR listens to them as they are liable for it.

    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.



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