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Wednesday, June 15, 2011

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  • gc_chahiye
    11-02 10:54 AM
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

    exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.

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  • vivache
    10-30 12:25 PM
    My EAD application has been pending more than 90 days.
    Just called the USCIS office.
    Look like the center it has been sent to is processing EAD's of date: May 03.
    So my application is still 2.5 months away.

    The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass:

    Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
    Looks like it isn't :)

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  • insbaby
    09-22 10:15 AM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?

    Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.

    If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.

    If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.

    You have to check with experts, whether this additional benefits are employer's responsibility.

    As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.

    All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.

    Just go with a decision that benefits you without much trouble.

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  • gsc999
    09-10 01:33 AM
    It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.

    Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.

    You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.

    Hope this helps.


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  • jcrajput
    06-18 02:58 PM
    We are planning to visit India in the month of November. We are looking to stamp our passport with H1B/H4 visas at Mumbai. How we can select appointment dates for the week of November 9 to November 13.
    I have tried to look at VFS website ( but not showing any dates after month of July...
    Can anyone please help me?

    Also, we are looking to stamp our passport the next day when we arrive in Mumbai. Do anyone know the good hotel near by embassy to stay?

    I really appriciate your help.

    Thank you.

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  • morchu
    04-23 01:06 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.

    morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.

    yes you can file a complaint against the lawyer and his license will be revoked. See

    Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?


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  • gimme_GC2006
    08-02 07:02 PM
    I tried both Fedex and USPS.
    USPS, I thought slower for some reason.
    Fedex is good in my personal opinion.
    I hate DHL, even within India

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  • whattodo
    03-25 02:24 PM
    Click on view questions and then write immigration on search box and click on search. You will see immigration questions. Economy might be the main theme but all kinds of questions are accepted.


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  • 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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  • Xipe Totec
    03-01 06:42 PM
    California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.

    I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.

    Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?

    So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)


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  • indianabacklog
    06-15 04:00 PM
    You should read the filing instruction. If anything is not applicable then it should be either "None" or "N/A".

    If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.

    If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!

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  • genscn
    01-29 12:22 PM
    Is there something wrong with Indian Consulate-Houston's website?

    Are they close for some reason?


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  • lfadgyas
    05-20 09:15 PM
    I�m not a lawyer or attorney or anything official

    -So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

    -L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

    I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

    -After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

    -Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

    I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

    Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

    Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

    This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

    If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
    Good luck

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  • dixie
    02-12 07:36 PM
    Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.

    EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).

    If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.


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  • SGP
    11-03 08:44 AM
    Aati Nahin, Aati Nahin, Saamne hai tu magar Aati Nahin.:D

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  • Beemar
    11-04 09:08 PM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?


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  • Templarian
    08-27 11:16 PM
    Double posting bump this thing.

    I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).

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  • hoolahoous
    09-15 07:02 PM
    you can go to a nice restaurant with friends AND donate some money to Sankara Eye foundation (they do eye operations for poor in India and send you the name and contact info of the person who benefited from your donation)..

    that's what I did when I got greened.. :)

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  • RedHat
    08-30 12:26 PM
    My PD is 2002 Aug

    12-03 03:02 PM
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?

    05-04 12:06 PM
    I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..

    Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?

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