Wednesday, June 8, 2011

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  • gc_on_demand
    05-25 08:48 AM
    AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.

    My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)

    However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
    I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)


    I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

    Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

    everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?





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  • meridiani.planum
    07-12 08:33 AM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.

    thats not true. Can you post a link to back that up?
    The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.

    to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.





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  • milind70
    08-28 09:33 AM
    what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?

    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you





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  • bluekayal
    10-17 08:15 AM
    thanks for clarifying.



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  • MeraNaamJoker
    09-16 04:44 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you





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  • axp817
    06-16 12:15 PM
    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

    Regards

    MA


    adibhatla,
    What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.


    Thanks,



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  • Munshi75
    08-08 06:47 PM
    include options for all the people in the EB-3. Are you trying to discrimiate recent applicants? I am one of them with 2006 PD.





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  • asdfred
    10-16 05:03 PM
    duties matter..but, if your title is so different..they cannot be..this can be an issue..especially managerial duties involve managing resources which is very different to a developer..talk to your attorney if he can make it happen..i would do whatever the attorney says.



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  • sen
    09-04 09:59 AM
    I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?





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  • munnu77
    06-16 09:47 PM
    My labour got approved on May 23rd .

    Is it possible to switch company and use this labour whihc got approved by this company?

    Thanks for all your support and sharing for knowledge.


    whoch perm processing centre did u apply labor???



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  • chanduv23
    05-27 11:50 AM
    I would like to share my I485 experience.

    1.Brief History and Denial reason.

    Did I485 interview at local office in Jan 2009.
    Got Denial notice stating that I485 filed when dates are not current.
    This is not true. Filed I 485 in 2007 July Fiasco.
    Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
    Got I485 receipt in October.

    it was denied due to clear error.

    2. Filed Service MTR with out filing Fee ( as this is service error)
    Did not get any communication for 3 months.
    In between took info pass couple of times and it did not help.

    Wrote letter seeking help of senator explaining situation.

    Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

    Did finger printing in May.

    Since dates are not current, I am not expecting any approval.
    AT least I am happy that. case was reopened.

    I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


    .

    Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.





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  • krishmunn
    03-29 07:21 PM
    This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485



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  • anoopraj2010
    07-30 01:39 PM
    Well my questions are more coming from the part that if something happens to me before I become a citizen what will happen to her application?
    Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..





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  • augustus
    05-13 08:25 AM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?



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  • rjgleason
    August 8th, 2005, 11:11 AM
    How aboutr a beautiful field of flowing grasses, perhaps with some stationary objects, like rocks, or a barn, etc. Great technique and a great shot!





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  • thomachan72
    01-13 05:20 AM
    Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.



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  • perm2gc
    02-05 06:44 PM
    Hi,
    I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.

    I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.

    Thanks
    The Best Place is USMLE forums or your own network.

    good luck





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  • LondonTown
    07-30 02:28 PM
    is this common for all those who have a primary vendor between the employer and the client ? or they are just doing it in random ?

    Though i live in hyd i chose delhi for appointment coz previous stampings from delhi had no issues :(

    I guess it is random.





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  • kumar1305
    01-23 12:35 PM
    Can you provide more details...?


    I work in south Florida. My employer is seriously involved in helping the people. They got a blood bank here and requested to donate. Even though I never did before, I thought it is much required now as I see many people are in the hospitals. They were even collecting the red blood cells sending plasma back in to the donor. This is done by some machine. But that was a bit painful and time consuming, I preferred to donate blood the tradition way. Money is collected by few employees on behalf of red cross and few other charities. So employees got some cakes, buns and you buy a piece for $10 or $20. Not only that we can donate our old usable clothing, blankets.





    geve
    09-22 11:58 AM
    http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm

    There's no place like the U.S. when it comes to creating a thriving tech sector. Or is there? The U.S. still has the world's most competitive information technology industry, but its lead is slipping, according to a new study conducted by the Economist Intelligence Unit (EIU) for the Business Software Alliance (BSA).

    The study, released Sept. 16, ranks 66 countries in six areas, including the availability of skilled labor, the "innovation friendliness" of a nation's culture, and the strength of its legal protections for intellectual property. The U.S. scored highest overall, but its rating fell from last year, and it was No. 1 in only three of the categories. "America should be proud that it's No. 1, but Americans should also be aware that it can no longer take its leadership for granted," says Robert Holleyman, president and CEO of the BSA, a Washington (D.C.)-based organization that promotes the interests of the software industry.

    The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.

    No. 5 in R&D Support

    In a finding that's likely to vex would-be entrepreneurs, the U.S. scores even further down the list�No. 5�in support for R&D. Taiwan led the category, followed by South Korea, Japan, and Sweden. Here, the EIU scored countries based on the number of new IT-related patents, receipts from royalty payments and licensing fees, and public and private spending on R&D. Holleyman says the BSA plans to share its findings with both major Presidential campaigns and with members of Congress.

    The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.

    The findings of the study will likely renew calls among both IT industry executives and politicians for the country to develop a national innovation strategy as countries such as Finland have done. "America needs a wake-up call," says John Kao, a former professor at Harvard Business School and author of Innovation Nation, a book arguing that the U.S. is losing its edge. "We don't really have a national strategy," he says. "And while I'm not a fan of top-down technocratic approach, I think that at this point in our history, having no strategy is not satisfactory."

    Sounding the Alarm

    As concerned as he is about U.S. competitiveness, Kao is not a favor of indexes that compare competitiveness among nations, saying they can misrepresent a country's true climate. "They're really abstractions of reality, and they often paint too rosy a picture," he says.
    Kao isn't alone in calling the country's competitiveness into question. Judy Estrin, a former Cisco Systems (CSCO) executive, is sounding the alarm as well in a new book, Closing the Innovation Gap, published by BusinessWeek's parent, The McGraw-Hill Cos. (MHP). Estrin says that the lead America enjoys now is the result of work done decades ago, and that the same commitment to innovation and research that existed before has evaporated. "Innovation builds on innovation. We're reaping the benefits now of seeds planted 10, 20, and 30 years ago, and the problem is that we're not planting any more seeds," she says.

    The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."

    By highlighting vulnerabilities, the study doesn't just trumpet U.S. weaknesses; it points to areas where improvements can be made. "A strong tech industry is crucial to America's ability to address almost every economic and social challenge," Holleyman says in a statement. "Despite our current economic difficulties, the tech sector remains one of the primary engines of the U.S. economy. This index provides a guide to how we can keep that engine moving forward to ensure competitiveness in the future."





    PD_Dec2002
    07-07 09:58 PM
    Thanks for your reply. We just published the ad a week ago. Is that a big deal to revise now ? It went into computer world and stuff. I am not sure how difficult it would be.


    Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??

    Your answer is highly important.

    Thanks

    I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".

    Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...

    Good luck.

    Thanks,
    Jayant



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