Tuesday, June 7, 2011

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  • fullerene
    06-30 09:11 AM
    CIR is dead and DOS is trying to revise its VB. these two are good news from some aspects. They will help us to concentrate our focus on strategy. Here are some of my suggestions:

    1) We may have limited power to speak out alone. But we can unify all groups, parties or sources which will benefit our strategy, such like business group, AILA/AILF, Ombudsman of USCIS, some media reporters and capitol hill insiders.

    2) Short term strategy - To revise petition process
    a) I/140 and I/485 are the continous steps of the process for imigration petition. Right now. they are broken by VB. Applicants with approved I140 should file petition right away.

    b) Following Ombudsman's suggestion included in his 2007 report, we shall suggest that the visa number shall be issued within 180 days of the processing window regardless the visa number availability and conclusion of the name check. The procedure chance will significantly improve the VB predition and limit the waste of visa numbers or revision of the VB during the middle of the month.

    c) Started with new fees, the application of I-485 will be a package including AP and EAD. The renewal of AP and EAD will be removed during the pending of I-485. Then following the suggestion b, we shall request USCIS to provide a case process report after 180 days indicating the status of the process if it can not be concluded within 180 days.( reasons maybe name check or visa availability). Furthermore, USCIS shall have temporary green cards for the applicants whose applications have been approved but the green cards could not be issued due to other reasons as mentioned above. and teh temporary green cards shall be renewed peroidically or be replaced by formal cards if everything is clear.

    d) name check shall be concluded within a reasonable time window. Otherwise name check won't be a sense. Generally speaking, people with a longer history will take more time to complete the process and people with all documentations will take more time to complete it compared with illegal ones since they don't have any records at FBI. Also validation will be questioned if the process takes too long. If the process takes three years, so how to make sure that there is nothing during these three years? Also most of us report our status faithfully, have inspections when re-entering the states.

    e) In order to avoiding wasting visas, USCIS shall have some time to complete the previous year's visa left-over, such as first 2 monthes.

    3) Long term strategy- flexible visa cap according to market requirements




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  • slammer
    05-14 12:28 PM
    We are also stuck in CP. We live in Canada since a couple of years (we're not Canadians) and are just waiting until we can finally move to the US. We are so frustrated that we decided to apply for an H-1B this year together with our GC-sponsor/employer.
    Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.




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  • agv
    03-19 12:16 PM
    profile updated..can u help now?




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  • GCEB2
    06-24 08:06 PM
    at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
    My question is
    1. if i send the I102 form how long will it take to get new I 94 card.

    2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.

    3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN



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  • sa.node
    02-15 09:01 PM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)




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  • JunRN
    12-18 07:39 AM
    Here's what I think: Your lawyer changed address, is that right?



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  • atlgc
    04-05 08:27 AM
    300$
    as one becomes benificiary of the primary applicant




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  • usgc07
    02-15 10:04 AM
    shensh,
    Thank you for the advise.
    I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).

    I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.

    Thanks



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  • bhavscreen
    10-22 05:19 PM
    All we can do id hope...




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  • gemini23
    08-02 02:10 PM
    Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.



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  • jindal_sanjeev
    06-23 03:12 AM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you




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  • .soulty
    04-29 01:34 PM
    Great work guys !! :!: All are really good , but i still like Ironikart the most out of all of them. The way you gave the robot a humours characteristics with eyes and eyebrows won me over, great character building skills :)



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  • san3297
    03-24 01:16 PM
    AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.

    Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.

    What people usually do is get someone in their home country to be the Google Adsense beneficiary

    How do i register with google adsense to make someone from my home country as beneficiary.In that case wht do i need to give the persons taxid(like pan number from india).How can i do it?




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  • samswas
    04-21 08:30 AM
    Thank you. I will give it a try.

    so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.

    We can even say yes she had it but lost it over there so i mail her the document. right?

    I traveled on AP in 2009 in Lufthansa airlines from Chicago and the airlines asked me about the plan of reentry as I had no VISA in passport before issuing boarding pass. I had to show it to them. I'm not sure, what happens if you say you don't have it with you.

    If I'm in your situation, I would rather postpone the trip for few days.



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  • brb2
    09-22 08:23 AM
    Not really. I truly believe the Skill bill will be passed by mid next year to allow all STEM Masters to stay back and adjust status automatically like in Australia. There is a crisis in the US with very few students entering STEM and the US will very likely retain international students by hook or crook. This will also clear the queue for non US qualified temporary workers in the queue for green card.

    The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!

    Thanks! guys.....All in the same boat then....Screwed.....




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  • Adam
    08-20 01:59 PM
    I think it looks good :D



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  • tonyHK12
    10-20 10:04 AM
    I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.

    Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.

    Yeah I agree, I'm a regular donor anyway. If my GC is getting delayed, then for every year after 2012 I would cut my rent by 100-200 a month :) All other expenses too.




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  • dealsnet
    06-01 08:50 AM
    H1B holders cannot able to incorporate a LLC or S corp. They can incorporate a C corp. But cannot able to work for their own corporation. I don't know in H1B can buy a share at 33%.

    He can be a sleeping partner. Not able to work or hold any position till he can able to get a H1B from that company, or get a EAD to work after filing AOS.




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  • gg_ny
    09-06 02:29 PM
    Happened to us in May. Mine came after a week, but the dates were the same for both of us. I think it would not hurt to walk along with your spouse and try to do a walk-in.


    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska




    anil_gc
    11-26 04:56 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.

    Anil




    morchu
    05-04 12:50 PM
    NO.
    [QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]



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