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Saturday, June 18, 2011

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  • IndiaNJ
    08-26 01:32 PM
    My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.

    I am not sure how the Page 4 got lost..:confused:





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  • GCBy3000
    09-20 08:52 AM
    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.





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  • jnagendra
    08-13 01:35 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .





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  • Ann Ruben
    01-23 01:24 AM
    Do you have any idea why the petition was denied? Was there an RFE? Appeals of H-1 denials are generally taking more than a year, and are rarely successful. Quickly filing a new and extremely well documented H-1 petition with a request for premium processing is really your best option. Note that if the new petition is approved you will have to leave the US and get a new H-1 visa before you can re-enter and resume legal work authorized status.



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  • larryking
    10-22 05:50 PM
    If I understand the visa bulletin right, EB#3 has 28.6% of the available visa numbers. If this is the case, is the 28.6% of the visas shared equally between the countries? And if they are shared equally between the countries, then do the applications get processed based on the priority date of the applicants for a given country?



    I am just trying to understand the sequence of events here.



    1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3

    2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc�all getting an equal �X� number of visas.

    3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don�t have that many applicants Vs countries like India and China � their quota of X gets filled up in a hurry creating a back log?



    If this sequence is not correct � how else can they end up with unused visa numbers?? What is the importance of priority date?



    Thanks,

    Larry King





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  • vallabhu
    01-31 04:57 PM
    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



    If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.



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  • sunny1000
    06-11 05:39 PM
    Sunny1000,

    Please be careful before replying. If you do not know, don't answer.

    I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.

    Don't tell me what I need to do. This is not a "lawyers only" forum where I have to give the legally correct answer. Based on what he described, I gave the best answer I could think of, that too after nobody answered and he bumped it up.

    Re-read my post. As I said, it was my view and of course, there are better answers than mine (desi3933 for instance). If you don't like my answer, ignore and move on.





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  • belmontboy
    09-05 03:09 AM
    Apparently YSR's death killed more people than Swine Flu in India.

    God I love politics !



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  • ndbhatt
    04-22 10:54 PM
    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?

    I am not sure what percentage of these are PERMs, filed for same person. Atleast, I for one can speak for myself. My PERM was filed last year but now since I changed my employer after that, everything is reset.





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  • amitjoey
    01-26 11:16 AM
    Remember although this bill is only for PHD holders as it states now- It is too early to say if it will see the light of the day- if it will get through the committee and get on the calender and finally get on the floor.

    It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.

    It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.



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  • pani_6
    02-09 09:48 AM
    Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
    grounds for a law suit!!





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  • peer123
    04-09 04:34 PM
    Hi,

    My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
    that time frame I would have already applied for my EAD renewal.

    Can I transfer to Company B during this renewal process?

    Thanks
    AK


    I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.

    Thanks
    peer123



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  • blacktongue
    01-20 08:00 AM
    Don't EB3 have no example to show?





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  • srikanthmavurapu
    08-16 04:03 PM
    It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

    If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.

    In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
    I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
    Thanks,
    Srikanth



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  • yodamom
    August 27th, 2004, 08:08 AM
    I agree with Anders - I want my phone and my camera to be separate. Picking up my phone to take a pic makes about as much sense to me as picking up my camera to call someone.





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  • mugwump
    11-30 12:24 PM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.



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  • pooja_34
    10-14 04:17 PM
    You will get your new AP by end of Dec - so you should be fine!
    Hi all,

    I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.

    I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?



    If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?

    Thanks for your help in advance!





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  • Joozz
    09-21 09:50 AM
    Or may be the fact that they gave me new visa in the embassy means that everything fine with that extension?





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  • pappu
    08-20 05:08 PM
    Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.





    sekasi
    11-30 12:28 AM
    why would flash people move on to flex ? That makes no sense at all.

    Either you have no idea what you're talking about, or you think you do, but you really don't.

    Besides, this is a free site. Whenever you're not paying anything for a resource you got 0 whining rights.





    kriskris
    04-17 11:14 AM
    My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.

    My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?



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