Wednesday, July 20, 2011

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  • MatsP
    November 15th, 2007, 04:37 AM
    I'm by no means saying that reformatting in itself is a bad thing - it should be fine to do it many times. It's just a waste of effort, since deleting the files will serve the same purpose.

    --
    Mats





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  • needhelp!
    03-09 03:12 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79

    (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
    22 CFR, Part 42, Sec 42.53
    Sec. 42. 53 Priority date of individual applicants.
    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.

    [WIKIfication needed]





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  • chanduv23
    12-21 08:01 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.

    Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.





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  • eb3India
    09-05 03:57 PM
    Well if the Republicans want those hispanic votes why dont they
    pass the CIR right away? Why they have to wait until the mid term?

    oh yaa, they will be losing all the red-neck neo-cons vote ;) right away, in my view everybody includeing Dems are just test water and see how people in their consitutancy are feeling about immigration subject and results show many americans are against CIR in principal (thanks to Lou and co campain).

    It will be really bad if Reps wins the house again, they can really push their neo-con agenda and CIR will be history very soon.

    so It is really important for us to have Dems wining this election :D



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  • santa123
    06-11 12:25 AM
    I have an approved labor and curious to know if PP is only for H1 extensions and not open to all. Thanks!





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  • RDB
    08-03 02:38 PM
    Alright - my wife and I completed the Interview today and they asked for proof of relationship (joint assets, tax returns etc.), current employment letter and Birth Certificates. After that the officer told me that he has approved the case in the system, however, as my PD is not current they can't give me the actual card.

    He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!

    I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!

    So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D


    Thanks for the link. Looks like I will have to get ready for an interview!!!!



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  • Roger Binny
    09-01 02:14 AM
    Very good one, thanks OP.

    Some striking lines...

    “I thought they would be so happy in this country — all the houses, the food, the cars,” said Najia Hamid, who founded the Afghan Elderly Association of the Bay Area, an outreach group for widows, with seed money from Fremont. “But I was met with crying.”

    Young couples who need to work to support families have imported grandparents in part to baby-sit. There is a misguided assumption that baby-sitting is sustenance enough for the aging, said Moina Shaiq, founder of the Muslim Support Network, which brings seniors together. “We are all social beings. How much can you talk to your grandchildren?” Mrs. Shaiq said.





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  • NikNikon
    July 15th, 2004, 11:13 AM
    Awesome shot! Nice work. :cool:



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  • breddy2000
    07-21 09:29 AM
    EB3_NEPA

    As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

    And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

    If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

    I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

    Hope this helps...





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  • BharatPremi
    11-24 12:33 PM
    Also include some text which says that you were an fulltime employee (40 hrs per week)...

    Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.



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  • bharol
    07-05 04:41 PM
    Which part of CA are you in? Is it scary to live there. Do you really need a gun?

    I live in Southern california(also lived in LA/Orange/San diego area) and i guess you are not in Southern california.

    J Thomas


    I live in SF Bay area.
    Not that I am getting paranoid, I suspect social issues if economy worsens..Rising crime and other social issues do come up in tough economic conditions.

    Recently one of my friends was targeted in a racial abuse, something which was unheard in the area where I live in. I see gang signs allover the area where I live. It was not like that one year ago.





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  • Marphad
    03-29 11:12 AM
    I will still wait for lawyer's opinion.



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  • looneytunezez
    04-20 06:07 PM
    Just got my passport renewed at SF.
    Applied in person and opted to get it back in the mail.

    Got it in hand exactly in a week from application date...(pretty smooth)....

    And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

    They will adjust it properly in your passport for you...

    All the best.

    Thanks for your responses.

    One last question.

    After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?

    Thanks.





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  • Dipika
    11-25 02:05 PM
    Thanks for correcting me. i am sorry for wrong info. i'm not able to open all links in office, as firewall block forum links, so missed to read the rule.

    Here is the OFFICIAL link from US Consulate at Tijuana

    Visa Services (http://tijuana.usconsulate.gov/niv.html)


    Who Can Apply in Mexico

    TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.



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  • jsb
    05-07 02:26 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random

    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.





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  • go_guy123
    09-15 12:52 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks

    I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.



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  • subba
    06-19 10:01 AM
    He says that is what he always used and he never had a problem.





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  • pappu
    05-03 08:08 AM
    Did you get an RFE for ability to pay before it was denied? if yes, a good lawyer would have helped you answer that. Now you must ask your company to appeal this decision. It takes a year or more for this appeal to be answered. You can use this proof to get your H1B extended if needed. (that is also an option for you).

    Even while the appeal is in process, you can start looking around and find a good employer.

    Find out where the fault is. Since you are working in the company and the company is paying you salary, the ability to pay could have easily been addressed. Is it HR fault or Lawyer's fault. If you have to leave the company, you can use this as a reason to leave and tell this to the top bosses so that they can take action against incompetent HR or incompetent lawyers.

    In your new company start your PERM process asap. HR or lawyers sometimes drag the application and can take several months to move something an inch. Try to find a lawyer that you can hire rather than a company Lawyer. If is tough to find a 'good lawyer' and you need to do some shopping around yourself. Read a sticky thread in IV spotlight topics about lawyers before you hire one. In every step of the process always review each and every document that the lawyer files. Go through it word by word and line by line. Check each tick mark and crosses. Read about each stage of the process yourself and be informed. Be active on the forums and ask questions and learn from others experiences.

    We cannot afford to be ignorant of laws on immigration matters even though we are hiring experts to do our job.





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  • Berkeleybee
    05-24 11:33 PM
    To reinforce our fax campaign, we should start calling the senators and start reinforcing our message to them. Please do not hesitate or be shy of doing this. Now is the time that you can make a difference.

    Please stick to directions and talking points, stay on message and be calm, polite. Avoid sarcasm and rhetoric at all costs even if they disagree with you completely.

    Here are the instructions of what you should do

    Call the Washington DC Phone numbers of the following Senators. Check this post during the day because we may add to this list:

    We want to reach them as early as possible before the vote on the Bingaman Amendments S.A. 4181 and 4182 take place. The Senate reconvenes at 9:15 am tomorrow (May 25, Thursday), we do not know at when the vote on these amendments will take place, so call as early as possible:

    • John Cornyn (TX) - 202-224-2934
    • Ed Kennedy (MA) – 202-224-4543
    • Arlen Specter (PA) – 202-224-4254
    • John McCain (AZ) – 202-224-2235
    • Larry Craig (ID)– 202-224-2752
    • Lindsey Graham (SC) –202-224-5972
    • Jeff Bingaman (NM) - (202) 224-5521
    • Dick Durbin (IL) – 202-224-2152

    WHY IT IS OK TO CALL SENATORS WHO ARE NOT FROM YOUR STATE

    Even if a senator is not from your state and if that questions comes up during phone call, explain the reason for calling by saying that "Since Immigration laws are federal laws and every senator's vote affects us in all 50 states, your time and the senators support would be highly appreciated".

    Once they pick up the phone:

    1. Introduce yourself

    My name is _______ I am a member of a volunteer organization called Immigration Voice which advocates legislative changes for improving the GC processing for legal immigrants.
    I have been a legal resident of the USA for x years and my employer is sponsoring me for a greencard.

    2. Ask for the Immigration Counsel/ Staffer

    3. Talking Points

    • Very Briefly Express Overall Support for the Bill

    Request the Senator to support the Comprehensive Immigration Bill, especially those provisions that support the highly skilled immigrants. Reiterate that all of us are LEGAL immigrants and have obeyed the laws of immigration at all times. Reiterate the fact that many of us have been waiting here for more than 5 years to get our green cards.

    • Oppose the Bingaman Amendments S.A. 4181 and S.A. 4182

    At present the CIR bill has a provision of not counting dependents against the cap. This is the way it should be because employment based visa quotas are properly meant for essential highly skilled workers, they shouldn’t be wasted on their dependents. After all the American business that is trying to stay competitive by hiring this workers is petitioning to get a skilled worker, not a dependent child.
    The Bingaman Amendments S.A. 4181 and S.A. 4182 try to once again include dependents in the calculations of the annual quota for employment based highly skilled workers. This is harmful for American competitiveness, and will waste visas meant for highly skilled essential workers on their dependents.

    Urge the Senator to vote against these amendments. Remind them that Sen Bingaman’s own PACE Education bill (S. 2198) does not include dependents in the calculation of the annual quota for high skilled workers.

    • Thank the staffer for their time.

    Post Here. Once you have called these senators, post back here so that it will motivate others to do the same.





    deepakjain
    11-16 06:40 PM
    As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.





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