Friday, June 24, 2011

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  • rChinna
    04-01 12:20 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna




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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!




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  • gccube
    04-23 11:47 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)

    I received the I-485 approved notice sent e-mail and the Card Production Ordered e-mail twice. But I have not received the 'Welcome letter'. Also any idea how long it might take to receive the physical card?

    Thanks
    Kamesh




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  • Krishanpal
    07-22 06:57 AM
    I believe both are right. I do not think 123456mg is wrong. S/He is a law-abiding person like us and has a right to state his opinion. I agree, the statements were a bit harsher but so the truth is. Also, I guess we must stop discussing more on these matters as such since it is past and can not be changed now. Though you have my personal symphathies unlike 123456mg, I do not think the actions you chose were correct and you require a correction from that perspective. I suggest you talk to experts regarding your immigration matters since your looks like a difficult case to me.



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  • indianabacklog
    08-06 08:22 AM
    oh sorry it was approved on october 2003 not 2002.
    In which case you had until October 2004 to apply for permanent residency. i.e. one year from approval of the I140.




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  • tinuverma
    11-09 10:29 AM
    There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"

    Very innovative. It did not help as a lot of Junior Members were rather talking unwanted crap than discussing on the real point. I was and am hoping for something better here.
    Anyone else who can actually give me the answer?



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  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.




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  • TeddyKoochu
    01-06 10:04 AM
    There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.

    Any guidance when the FB numbers will be utilized or will they also be utilized in the last quarter. These are sufficient to clean out the EB2 I & C 2005 backlog.



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  • WaitingYaar
    07-08 03:06 PM
    And what are your filing details?




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  • Since1997
    08-13 11:24 AM
    Couple of Jul 2nd filers got receipts - as per murthy forum members.....



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  • indiablues
    12-26 09:25 AM
    Hi,

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.

    Thanks,
    IB




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  • same_old_guy
    05-24 02:32 PM
    This subject is treated as an elaborate chapter titled "The quiet crisis" in Friedman's book "The world is flat". A very good read. Here is an extremely well written article on education crisis staring at the US. It also touches on the broken immigration system.

    Feel free to discuss but kindly refrain from making extreme and judgmental statements.


    ************************************************** *******

    Credits: Thomas L. Friedman (NY Times). All rights reserved. Article has been reproduced in its entirety.



    The quiet crisis in US education

    By Thomas L. Friedman



    First I had to laugh. Then I had to cry. I took part in commencement this year at Rensselaer Polytechnic Institute, one of America�s great science and engineering schools, so I had a front-row seat as the first grads to receive their diplomas came on stage, all of them PhD students. One by one the announcer read their names and each was handed their doctorate � in biotechnology, computing, physics and engineering � by the school�s president, Shirley Ann Jackson.



    The reason I had to laugh was because it seemed like every one of the newly minted PhDs at Rensselaer was foreign born. For a moment, as the foreign names kept coming � "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" � I thought that the entire class of doctoral students in physics were going to be Chinese, until "Paul Shane Morrow" saved the day. It was such a caricature of what Ms Jackson herself calls "the quiet crisis" in high-end science education in this country that you could only laugh.



    Don�t get me wrong. I�m proud that our country continues to build universities and a culture of learning that attract the world�s best minds. My complaint � why I also wanted to cry � was that there wasn�t someone from the Immigration and Naturalization Service standing next to Ms Jackson stapling green cards to the diplomas of each of these foreign-born PhDs. I want them all to stay, become Americans and do their research and innovation here.



    If we can�t educate enough of our own kids to compete at this level, we�d better make sure we can import someone else�s, otherwise we will not maintain our standard of living. It is pure idiocy that Congress will not open our borders � as wide as possible � to attract and keep the world�s first-round intellectual draft choices in an age when everyone increasingly has the same innovation tools and the key differentiator is human talent. I�m serious. I think any foreign student who gets a PhD in our country � in any subject � should be offered citizenship. I want them. The idea that we actually make it difficult for them to stay is crazy.



    Compete America, a coalition of technology companies, is pleading with Congress to boost both the number of H-1B visas available to companies that want to bring in skilled foreign workers and the number of employment-based green cards given to high-tech foreign workers who want to stay here. Give them all they want! Not only do our companies need them now, because we�re not training enough engineers, but they will, over time, start many more companies and create many more good jobs than they would possibly displace. Silicon Valley is living proof of that � and where innovation happens, matters. It�s still where the best jobs will be located.



    Folks, we can�t keep being stupid about these things. You can�t have a world where foreign-born students dominate your science graduate schools, research labs, journal publications and can now more easily than ever go back to their home countries to start companies � without it eventually impacting our standard of living � especially when we�re also slipping behind in high-speed Internet penetration per capita. America has fallen from fourth in the world in 2001 to 15th today.



    My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal Democracy Forum. They are trying to make this an issue in the presidential campaign by creating a movement to demand that candidates focus on our digital deficits and divides. (See: www.techpresident.com.) Mr Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child Connected."



    Here�s the sad truth: 9/11, and the failing Iraq war, have sucked up almost all the oxygen in this country � oxygen needed to discuss seriously education, healthcare, climate change and competitiveness, notes Garrett Graff, an editor at Washingtonian Magazine and author of the upcoming book The First Campaign, which deals with this theme. So right now, it�s mostly governors talking about these issues, noted Mr Graff, but there is only so much they can do without Washington being focused and leading. Which is why we�ve got to bring our occupation of Iraq to an end in the quickest, least bad way possible � otherwise we are going to lose Iraq and America. It�s coming down to that choice.


    ********************************************



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  • gcfriend65
    12-07 03:06 PM
    databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.
    bump /\/\




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  • gcpain
    07-24 04:32 PM
    ^^^^



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  • gc28262
    04-28 09:12 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.




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  • Mount Soche
    10-23 06:12 PM
    I applied on July 16th & got EAD on Sept 24th.
    No news on AP & biometrics.
    Other coworkers who applied at same time have mixed results - 2 got only fingerprints, 4 got EADs, 1 got EAD & AP. I think it is all random



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  • ps57002
    10-19 10:40 AM
    I replied to your case on too.

    This is what uscis faq says
    Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW

    We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible

    So it's possible your case hasn't been inputted yet.



    My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.

    Jai mata di




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  • qplearn
    08-23 07:04 PM
    I am wondering why it is that nobody knows whether a bill will be introduced in Sept. The house and senate have their timetables set long in advance.

    Also, if it goes beyond Nov, and the Dems win, they might forget all about us; they care far more for the illegals, unfortunately.:(

    We must try to get this passed before the elections in Nov.

    qplearn


    Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.

    thanks again for at least trying.




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  • indian111
    10-13 11:06 AM
    30 minutes per day aerobics ?

    lol that was a good one :P




    gauravsh
    03-28 03:49 PM
    Thanks !!




    lostinbeta
    09-06 10:28 PM
    Eh, I actually have to say I liked it better the last time.



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