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  • GCInThisLife
    07-19 12:11 PM
    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.





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  • Jaime
    05-26 09:36 AM
    Mihird:

    Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.

    Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)

    Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!





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  • breddy2000
    04-02 05:22 PM
    Sent both faxes





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  • jax999
    01-29 05:31 PM
    Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

    where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?

    My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

    So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

    please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?



    While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

    Please reply soon . I really appriciate you . Thank You.



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  • santa123
    12-01 09:52 PM
    Santa,

    Thanks for your response.
    Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

    H1Girl,

    Thanks for your response.

    Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.

    Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck





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  • whoever
    04-14 11:31 AM
    who are "other workers" category? i mean who qualify to be an "other worker"?



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  • jvordar
    07-21 12:47 PM
    NSC: June 17nd 2008

    Received Paper Receipts: June 24th 2008

    Waiting for the FP notices.





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  • logiclife
    08-20 04:25 PM
    I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.


    The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
    The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.

    I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.

    IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
    At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.

    Having your own lawyer means:

    1. You pay him, you employ him, he is accountable to you, not your employer.

    2. He/she works in your interest, not the employer's interest.

    3. If your employer is not co-operating, you will know right away.

    4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.

    5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.

    The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money. Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.



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  • gc_on_demand
    11-25 09:33 PM
    This analysis based on Data provided by USCIS on Aug 25th. They have changed data under dashboard two times since but they haven't updated detail sheet online.

    Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.


    Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.

    NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.

    Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.





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  • heywhat
    05-30 02:04 AM
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  • realizeit
    02-11 04:27 PM
    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!



    Thanks for the comments. Its not my assumptions, it is the law.
    Please checkout how the spillovers between EB and FB are arrived. Here is the link
    http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html





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  • keshtwo
    08-09 08:21 PM
    Yeah! DOL & USCIS tightening screws everywhere..



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  • vactorboy29
    04-29 01:06 PM
    India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India’s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.





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  • Suva
    05-11 10:31 PM
    You are absolutely right. I participated in IV's advocacy effort in Washington last year. But I regret that I could not do the same this year.


    No IV provision is in the bill.

    For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.

    If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.

    The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.



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  • kumara121
    04-29 12:40 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    it will be shortsightedness on the US part if it wants to revenge... According to the reports, India went with the technical evaluation where as US in the name of transparency wanted a political decision. There is also end-user agreement US wanted India to sign, which allows US to come and check the planes whenever and wherever it wanted to... so blaming India in this is not right... US has to look at its own back first..





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  • eb3_nepa
    03-16 04:37 PM
    Thanks beppynyc. Fortunately nothing abt legals in that "warning". Does anyone know when the PACE and the TALENT act come up for debate?

    Unfortunately this bill seems to be a total fight between Senate v/s house, Demo v/s Repub, Repub v/s repub. Like Senator Specter said, there is almost No common vision.

    Still a little confused about what the actual stance is right now with Sen Frist's bill. Are they going to go ahead with the Frist bill or is the Senate Judiciary committee going to prevail?



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  • anandrajesh
    01-31 10:14 PM
    H1Bs approvals gets the government Millions of Dollar every year and if they can use the money to improve DHS there is no need for this addl price increases.

    Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.

    See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.





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  • rajakannan
    06-27 08:43 AM
    Hi Rajakannan:

    You fall under either of the following two.

    Positive thinking: You are a Gandhi

    Realistic Thinking: You are smart .

    Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.

    Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..

    I donot even understand, how you can think like this...

    Please donot open thiskind of discussion, people have better things to do in life than reading this..

    Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...

    BTW: can you post your PD details...

    best wishes.

    I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.





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  • rpat1968
    08-06 10:15 PM
    My PD is EB2 - July 2004.
    I-140 Approved from TSC
    I485 submitted in NSC 2nd July. Receipt date 9th Aug.
    Working for same employer for last 5 years.

    Had lud updates twice in last 5 days. (Also recently did a A11 online (address change for me and my family).





    aadimanav
    05-15 05:50 PM
    Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.


    How about this scenario:
    EB3 applicant starts the Masters (in STEM) from US University after the labor is filed and completes while 485 is in pending status.





    Student with no hopes
    04-23 11:04 AM
    You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
    Arrived F1: Dec. 2001
    H1-B: May 2005
    Labor Applied: No
    I-140 Applied: No
    I-485 Applied: No
    Laid off: April 2009
    Departed USA: May 2009

    You left US?