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  • vinnysuru
    03-05 05:00 PM
    OK gurus need your help with this!

    Appreciate your efforts in helping all of us. Thanks.

    My questions are:

    I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
    1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
    If I decide to go for Stamping:
    2. If stamping gets denied or delayed, can I come back in with AP?
    3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.

    My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
    She will accompany me to canada with pending EAD renewal application:
    1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
    2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
    3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.




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  • looivy
    07-21 02:16 PM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....

    Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
    Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
    Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.

    It would be better if we have a tracker database on IV website o/w this thread will grow madly.




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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • surabhi
    04-23 04:30 PM
    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    This is not a personal advice but general appeal to all would be employers.

    I hope you have researched and understood obligations of an employer.

    By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.

    If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.

    For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.

    I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.



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  • fightnow
    07-06 07:47 PM
    John @ 408 472 3534




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  • thescadaman
    11-17 04:17 PM
    done - Thanks!



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  • sanju
    10-09 01:39 PM
    I gave more points to PD month than experience month.
    If you think its more complexes then I will go with PD only.
    New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company�s LC in group because my company didn�t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.

    So let�s keep only PD as only preference.

    ok then, PD it is, going 1, 2 3..... done!

    From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.




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  • TheOmbudsman
    10-25 09:13 PM
    One more dreamer.

    What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))

    As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.

    But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.



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  • Imigrait
    01-30 02:42 PM
    Incorrect!

    3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.

    However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?




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  • gomirage
    06-25 03:30 PM
    Do we have any other choice than waiting to start all over (another 2 to 3 years ?)

    http://www.ocregister.com/ocregister/news/atoz/article_1192606.php



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  • gccovet
    02-09 12:42 PM
    Thanks a lot.
    Can you please help in keeping this thread on the top?

    Certainly. Will do.
    GCCovet




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  • deepak
    08-31 02:32 PM
    USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D

    Awesome!! Do you mind if fair South Indians join in with you? USCIS should also make a definite decision on where the boundary between north and south India are drawn. That way Maharashtrians who are thought to be North Indians by people from Kerala and thought to be south Indians by people from Punjab, will finally know if they will get their GC in time. Hey, since USCIS is going to use stereotypes anyway, how about we base the EB category, based on our stereotypical knowledge of relative intelligence between the "races"?

    As the person before me said, get well soon, and thanks for the entertainment :)



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  • bluesky1
    10-02 06:57 PM
    I added me here. Hope our box is not lost.

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1


    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.




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  • mahujam
    07-28 12:54 PM
    Received by USCIS on 12th June.
    Lud on 18th June.
    No receipt received. Found SRC number through cashed check.
    No further movement yet.

    Eb-3/India/17th Jan 2003.

    Just got email. No card yet.

    Current Status: Card production ordered.
    On July 26, 2008, we ordered production of your new card

    update:
    Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
    The lud happened on 7/27/2008.



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  • maine_gc
    07-19 09:08 PM
    I will pledge $100 for this drive




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  • makemygc
    08-01 12:25 PM
    Dear all,

    I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?

    My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...

    I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?

    Thanks and good luck!

    yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.



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  • snathan
    02-12 06:31 PM
    So far $1805...come on guys




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  • tonyHK12
    02-17 05:02 PM
    @12%, thanks iak1973, reddymjm, mhkumar, Pagal, Hopeful1, dudes2006

    Total Contributions..........$6,225.00
    Amount to be raised.......$43,775.00
    .
    .




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  • FrankZulu
    08-26 01:14 PM
    CPO today. Case at local office. Had 1 interview where all documents for status and taxes were checked for the past 12 years. Never had a problem or gap in status and IO was surprised why the case came to local office. I was atleast happy that the interview is the worst thing that can happen and I am done through that.

    After 3 infopass appts, 2 SRs in all have the CPO in hand.

    Good luck all.

    Was your Employer (GC Sponsoring) in any kind of trouble in past?




    suriajay12
    02-25 08:55 PM
    Thanks for your insight and observation.
    Do you believe in what IV is doing?

    If Yes, i will really appreciate if you can contribute and help us in any way. This is an organisation run by people like me and you, who have full time jobs and have families also. If we all can take out some time out of our busy lives and try to help IV, then everyone will know about IV.

    When we say we need to convince people, which is ridiculous, as i am 100% sure, everybody knows whats going on. We all are suffering and are here fort he long haul. If still people dont want to do anything, then no one can help us.

    So, Thanks a lot for your insight and help IV to help yourself.

    GO IV GO. TOGETHER WE CAN.

    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.




    chanduy9
    07-05 01:59 PM
    If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis


    Pls my post very carefully...it is

    Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...

    guys think +ve.

    Thanks,
    Chandra.



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