Friday, June 10, 2011

180 degree rule

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  • hpandey
    06-09 09:10 AM
    Really sorry to hear about your loss . You do not need a visa to go back to India. Only to come in. The I-94 is important if planning to come back since you have to submit it while leaving to show that you left while still within the legal period.


    P.S - Can you change your subject line to " Stolen ..... " . There is no word called Thefted .




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  • Macaca
    07-11 06:21 PM
    Write an email with all rally details. Save this email in your Yahoo draft folder. Send the email to the person after you have talked to him/her. Now the person does not have to write rally details!




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  • binadh
    07-12 01:06 PM
    May be someone from NY can start calling/writing clintons office. Help us or return that $$$$.


    As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?

    source: http://www.nysun.com/article/57238


    If you think this thread is useless, CORE please close this thread.




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  • pamposh
    09-15 03:42 PM
    Just doesnt make sense at all.
    Even EB1 is way behind EB2.
    Maybe they are being sadist and trying to divide n rule.

    I don't think they are going to have any success in that. They have been building our stamina for this kind of stuff for a long time now.. and as sad as it gets but the fact is it just made me laugh so hard....coz this is just plain "impossible" and can not be true... they can't get this efficient, it is against their policy :eek:



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  • venetian
    07-06 03:30 PM
    Thanks again for the responses.

    Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.

    Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com

    MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)


    An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

    An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

    If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

    An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.




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  • chanduv23
    09-05 12:58 PM
    Strive is our big chance, let us not lose out on this



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  • eb3retro
    07-22 08:04 PM
    Hi Suk,

    We have been already working on this. Please see:

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

    On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

    This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

    Thanks for your help!


    Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.




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  • HV000
    11-17 03:25 PM
    Why are we always in an approval seeking mode when it comes to U.S? This still shows that we didn�t come out of our slave mentality ever since independence. We are happy whenever something Indian gets recognized in US. We are also happy to associate ourselves with America and call our film industry as Bollywood, Kollywood, Tollywood etc..

    Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.

    Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.

    �Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire

    We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.



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  • gc_chahiye
    11-04 11:33 PM
    i did through google but i cant found actually. please respond who knows.thank you in advance.

    Another good bet for trying to get a break like what you are looking for is Sulekha:
    http://classifieds.sulekha.com/new-jersey/alllocalities/it-jobs-training/allsubcategories/adlistings.aspx

    Most of the jobs there are from consulting companies. Being on H1 with them can get hard (with things like salary/bench etc) depending on how well run that place is, but on EAD your life should be much simpler. I could not find anything on transcription, but lots of entry-level jobs in QA or in SAP that provide training etc. All the best.

    When you get some responses from these people, ask around (friends etc) to see if anyone has had a good/bad experience with that firm.

    Again, unlike H1, being on EAD your life is much simpler and options are much more open. You can walk away if they dont treat you well. All you need is a break and these guys might be able to provide one.




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  • monkeyman
    10-21 07:44 PM
    You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.

    My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.

    Best bet is to talk to the lawyer.



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  • inskrish
    07-16 05:27 PM
    Hi,

    Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.




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  • seaken75
    10-31 09:07 PM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!



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  • lostinbeta
    10-21 01:35 AM
    Wow, very interesting. I have never heard of that before.

    Well where I was thinking falls in those rules, according to that grid, it was #2.

    Like I said though, put it where you want... don't mind me...just blurting stuff out.




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  • pappu
    12-15 03:17 PM
    My lawyer had the following lines on this issue:

    However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.

    It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
    :)
    whats your lawfirm's name..
    Your lawyer explains retrogression problems so nicely to his clients ,that clients feel previleged to be from retrogressed countries... and the long wait times is no big deal. Anyways lawyers will make money from periodic H1B extensions and GC fees



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  • unitednations
    05-19 03:24 PM
    background checks can mean all sorts of things

    1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)

    2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.

    he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.

    He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.

    Background check means all sorts of things...




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  • gcwanter
    06-27 08:45 AM
    So should i write N/A for a pending 140?



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  • vandanaverdia
    09-10 12:44 PM
    Calling all WASHINGTONIANS!!! Rise & shine....




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  • sabbygirl99
    03-28 02:28 PM
    Has anyone ever seen this scenario before??!

    Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.

    Is anyone out there like that??? Thanks!!

    Sincerely,
    Need To Move on With My Life




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  • Karthikthiru
    07-26 10:16 PM
    This is true. Check the following link. And then drill down to Ammendments link. You can see that

    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.02638:

    Karthik




    ashkam
    07-24 08:27 AM
    If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

    I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.




    gsc999
    07-08 10:48 PM
    It may be counterproductive to get Indian government involved, as has been pointed out by IV before.

    The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.

    - If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.

    My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.

    Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways



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