Monday, June 13, 2011

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  • punjabi
    03-16 04:26 PM
    I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.

    On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)

    On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.

    I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.

    If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.

    Let go of the negativity. Do it.

    Good luck.



    Hi,

    .... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
    Job Description on offer letter? should match word to word with LC
    ......
    Please let me know if all the above assumptions are correct.




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  • jungalee43
    02-17 09:54 PM
    That means his stand is not really tied to any issues surrounding the problem or its solution. It is pure politics. So for us he is another clone of Sen. Sessions. And obviously meeting, letter, flower or for that matter whatever we try is not going to work.
    It has been tried, they are not open to talk




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  • oliTwist
    01-10 08:46 PM
    I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.




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  • Green06
    08-24 11:02 AM
    Keep cheking the link below. It is archive of Kathy's shows. EOD today or by tomorrow the show should be archived here.

    http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun



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  • Libra
    08-05 08:32 PM
    To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......

    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.




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  • gcisadawg
    04-28 01:04 AM
    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.

    We got RFE for my wife's I-485 from TSC.



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  • WeShallOvercome
    11-07 12:10 PM
    If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.

    Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule


    sury,

    What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"

    If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
    If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.

    If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..

    This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.




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  • diptam
    02-10 10:25 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)


    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck



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  • collkaverill
    09-04 12:32 PM
    This is an interesting article. My younger brother works for Wipro in India. He has a H1 Visa and work permit for U.K. He highly prefers London to US for several reasons. Firstly, he saves more money there (it used to be other way round a while back). Secondly, if he gets married, she won't be stuck at home for lack of visa... Currently he is here in US temporarily but when he goes back to India, he is going to ask for a longterm project in UK. Certainly doesn't want to come here on a longterm project. More importantly he doesn't want to settle permanently anywhere except in India.

    I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...




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  • H1B2GC
    10-01 10:39 AM
    Here are my thoughts, I-485 application is accepted by USCIS based on priority date set by DOS in order to distribute available visa per country violating the basics "All men should be treated equally".

    Remember, the rules are made by the system not for itself.



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  • mchundi
    08-05 09:16 PM
    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.

    First they need to cope with the scores of petetions, USCIS and FBI.
    For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
    This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
    Additional VISA numbers may not help anybody, if they don't use them properly




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  • harryom
    04-10 11:16 AM
    Gurus:
    I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.

    Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
    Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.

    Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
    Question2: Do I need to update USCIS with new passport#, if Yes..how?

    Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
    Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.

    Any suggestions/advice..please share it if any one had similar experience..

    Thanks



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  • kumarc123
    11-06 03:46 PM
    sreedhar


    Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
    There are lot of us out there who have their personal decisions at stake.




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  • krish2005
    11-09 03:42 PM
    Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.

    Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).

    Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.

    This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.

    Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.

    Hope that I have submitted a informative post here.



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  • felix31
    04-18 11:42 AM
    I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
    Please give me your advice.

    GC092003,

    I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....

    have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..

    If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
    hope this helps




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  • EB3-Philippines
    08-30 09:48 AM
    Hi

    tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...

    All the Best. Remember that you are legal resident in this country paying Taxes. Go for it in filing a complaint with DOL , Better Business Bureau. Atleast you can have a good night sleep after that.



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  • GC_SUCK
    11-02 02:37 PM
    I will appreciate your comments on my situation. I also have approved I-140 from TX and my company may ask me to move to NY/NJ for another project.

    I also have one LC from MN pending in DBEC. Can I move to NY or do I have to go thru the PERM again?

    Help?




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  • hmaramraj
    08-24 01:14 PM
    Hi,

    I am sorry to side track the topic here but I am a permanent resident of Canada and lived there for 3 years. It's beyond my words to explain how difficult it is to get a job in Canada. First of all IT jobs are less except in Toronto and Ottawa and some in Vancouver. Sometimes they don't hesitate to trash our resume in front of us which happened to me. They hate US experience. I asked when I was called for an interview why don't they believe US experience when I had worked in US. She said, "Oh well! in US, in a team of 10 software engineers only 2 or 3 are good and rest of below average but whereas in Canada it is reverse". I was appalled with the response. Anyways, I am not advocating that we shouldn't take shelter in neighbouring countries like Canada but trying to put forward the ground realities existing in Canada.

    Takecare
    Hari.
    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.




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  • thomachan72
    01-21 12:07 PM
    I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)

    What do you think?

    I agree 101%:D:D




    PHANI_TAVVALA
    12-02 02:26 PM
    FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?




    desi3933
    08-26 02:29 PM
    Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?

    >> Will that abandon her I-485 filed as a dependent?
    No.


    ________________
    Not a legal advise.



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