Tuesday, June 14, 2011

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  • humdesi
    12-21 08:30 PM
    If you were born in India, EB-2 or EB-3 doesn't matter.
    Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.

    Good luck!





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  • Pallavi79
    02-21 11:43 PM
    :)





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  • larmani
    10-25 06:26 PM
    We went to SanJose Charcote dr. last saturday. Our appointment was at 3pm. But we went at around 1PM as our daughter has a tutoring class between 2-4. They accepted and let us do at 1:15pm. It is cool and not much croud. There are around 10 FP machines and took about 15 min to finish. Our LUD changed next day on our 485 applications. But check the address one day before the appointment. As it shows 122 charcote dr. inside But outside you would see 5 digit numbers and you would easly miss. Also you will not see USCIS on outside board(it shows as some Application center).





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  • Pagal
    12-17 12:36 PM
    Hello,

    An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.

    There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).

    In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.

    Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)



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  • coopheal
    01-02 06:34 PM
    nice....
    akred's reasoning is flawed.
    no way without getting a law, priority date are going to improve.





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  • perm2gc
    05-22 01:30 PM
    OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.

    Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

    Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.

    As I said, it just would be interesting to know ... ...

    But if no one else finds it interesting, ignore this thread. Don't reply to it.

    Thanks,
    Jayant
    Please stop thinking about what our lobby firm will do.
    DO FIRST WHAT IV CORE TEAM ASKED FOR.



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  • ragz4u
    04-13 06:06 PM
    Thanks





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  • BeCoolGuy
    04-16 04:29 PM
    Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!



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  • nav_kri
    03-23 03:10 AM
    Folks,

    I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.

    My prayers are with their families





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  • desi3933
    02-14 08:31 AM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    >> even 50 years
    Incorrect.

    Refer to my previous post on this.



    .



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  • rsdang
    08-29 11:46 AM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.

    Guys,

    I had applied for my original H1 in London, First extension in Vienna Austria, and the last one in Delhi... and when i went to Delhi Embassy site - Since I was an H1-b holder already working in USA I had the option to apply at any consular office in India... I chose Delhi and will do it again in Dec at Delhi...

    In short - unless is consular processing you can choose any consulate/embassy you want provided you have a reason to be there in that country... I think Mexico and Canada are exceptions to that rule as well...

    Hope this helps





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  • snathan
    07-23 11:43 AM
    I would advise you to minimise the risk rather than money. May be you can start the GC for future employment. It will take time to do the PERM process and in the mean time you can complete your current project also.

    1. Start the H1 transfer and GC process now itself.
    2. Stay with your current employer until the project is over.
    3. Take the money and join the new company at end of six month if everything goes smooth.

    By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.



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  • pd052009
    04-28 04:08 PM
    Please explain why not?

    I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?

    The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.





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  • payal_nag
    12-08 12:04 PM
    I did send the $15 for overnight return. The consulate is saying they are taking 20 business days now to issue new passports. Even i had good experiences in the past where they send the stuff back within a week. But just my luck , that this time it is taking forever!!!!



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  • learning01
    02-23 03:06 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/02/22/AR2006022202446_pf.html


    Scientist's Visa Denial Sparks Outrage in India
    By Shankar Vedantam
    Washington Post Staff Writer
    Thursday, February 23, 2006; A01
    A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
    The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
    In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
    "It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
    The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
    Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
    The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
    Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
    "This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
    Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
    State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
    In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
    "I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
    Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
    In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
    White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
    "If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
    Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
    White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
    "Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
    �*2006*The Washington Post Company





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  • prout02
    11-26 01:14 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001



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  • overhere
    07-17 08:50 AM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.

    in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.

    my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.





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  • desi3933
    05-20 06:00 AM
    Guys,

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

    Thanks

    What was the minimum educational qualification to get admission for 3 year Diploma? If it was grade 10 (or class 10 as called in India), then it is equivalent to 10+2+1. It does not matter what was your qualification when you took admission in that course. Most of the polytechnic diploma programs require Grade 10 as educational qualification to join the diploma program.

    It the minimum qualification was grade 12th, then it is equivalent to Associate Degree.

    Even in India, polytechnic diploma are equated to 10+2+1, that's the reason why polytechnic diploma holders get entry to 2nd year of 4 year bachelor of engineering degree course.


    ___________________
    Not a legal advice.





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  • tabletpc
    08-13 10:35 AM
    very law is suffixed with "Its not crystal clear".

    How to make a judgement out of this and risk ourself....???





    gc_chahiye
    08-26 11:22 PM
    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.

    for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).

    I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
    All the best!





    Saarissimo
    06-03 05:08 PM
    Thank you all for your replies and comments. A few things I know based on previous research:
    1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
    2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps

    My questions are:
    1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
    2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    I hope this all makes sense.

    Thank you all in advance.



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