Sunday, June 12, 2011

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  • Robert Kumar
    03-21 05:59 AM
    Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!

    I heard sometimes visa is not issued immediately due to admin processing or whatsoever.
    In such cases, will they return the passport atleast so that one can travel to India till things get resolved.
    And how do they let us know when to come back when things get ready.
    Hyd consulate is asking so many many documents.




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  • smartboy75
    08-14 12:53 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.
    Hey raju

    I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....

    To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....

    Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......

    not knowing where u r heading is worst than being lost ....:) The choice is ours....

    All the best buddy ....will keep u posted....




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  • palemguy
    11-06 01:32 PM
    There are 2 LUDs after my AP was approved.




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  • emmNemm
    12-11 05:13 PM
    Thanks enqueued, maddipati1,lskreddy, va_dude, vin13 for the valuable information. I really appreciate it.



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  • coolpal
    02-17 05:45 PM
    I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
    My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.

    Anyone else in the same situation as mine?

    pal




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  • nousername
    10-12 07:09 PM
    She can absolutely come and work on a H1, provided she has a hospital to process her paperwork.

    To best of my understand Nurses are still welcomed in the US. She just needs to find a job with a hospital which is willing to apply for H1B.

    My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.

    My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.

    I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.

    Any help would be appreciated as always.

    Look forward to hearing from you all..



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  • jax999
    01-29 05:18 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 .

    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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  • stucklabor
    03-16 12:38 PM
    I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.

    Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.

    In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.

    In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.

    So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.



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  • gatec77
    08-13 12:27 AM
    English translation please.:D

    This means clouds are flooded with GC's and they are dropping to earth drop by drop.




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  • stucklabor
    07-12 09:24 AM
    EADchallenged, please check your PM.



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  • shree09
    08-07 02:55 PM
    Hi,
    I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?

    Here is the situation:
    ------------------
    1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
    2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???

    I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?

    I need to land in Canada before May 2008.

    Your help will be greatly appreciated
    Thanks




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  • RDB
    12-03 11:22 PM
    Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.

    lol...where do u see excitement in my post? i know its atleast a year for me to see some green.



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  • GCard_Dream
    09-10 12:54 PM
    The only difference is reasons for Earthquakes and Shooting stars can be logically and scientifically explained but there is absolutely no logical explanation for USCIS's actions. Big difference. God help us all. :( :confused:

    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS




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  • willwin
    08-11 10:42 AM
    thanks willwin

    Thank you for initiating this!

    I just followed your effort.



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  • senram
    01-20 05:06 PM
    I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.

    At this rate...after couple of years the GC backlog will only be restricted to EB-India




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  • vishwak
    09-13 09:48 AM
    There shouldn't be any Payroll at all.
    Ask them not to run payroll until you get approved EAD. Having Payroll might create issues in future.

    As her manager is helpful, tell them she will not work until she gets EAD approval.



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  • VMH_GC
    08-09 06:52 PM
    I went to a doctor who ripped me off big time. He charged $260 ( $100 Blood + 100 Physical + $60 TB skin test) and charged $330 for my wife( $100 Blood + 100 Physical + $60 TB skin test + $70 for urine) and he asked around $210 dollars/ head for three vaccinations ( MMR, tetanus and chicken pox). I did not get vaccinations from him. Then went to my primary physician for the shots(MMR, tetanus) and took blood test for chicken pox.

    It took more than 10 days and it was very stressful experience. Is there a way i can make complain about this doctor?




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  • makino_a55
    01-29 10:06 PM
    Cases filed in the so called 245 -i
    do they have to go the same procedure like any other employement category???
    i mean , 1. get labour approved by state and fed ,
    2. get 140 approval ,
    3.file I-485 get approval and then do they get their GC.

    My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
    at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.

    if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.

    a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.

    Any thougths /opnions???????




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  • GCBy3000
    02-12 02:36 PM
    If you have approved labor and 140, why you want to file EB2 perm?

    1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

    2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

    Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.

    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.




    hibworker
    03-15 01:16 PM
    EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

    Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

    What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

    Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.




    itsokgc
    08-10 05:14 PM
    I am in the same boat. However, I have issue with my I-140, where there is typo in the Priority Date.

    I have infopass appointment tomorrow. Hope dates will not retrogress behind Feb 2006.



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