Sunday, June 12, 2011

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  • ASingh10
    07-25 11:33 AM
    Your answers were very useful.

    Thanks for your time. Any more insights people?

    Abhishek





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  • Pagal
    01-28 09:35 AM
    Hello,

    Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)





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  • pune_guy
    08-20 06:04 PM
    Hi,

    Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.

    Thanks





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  • lostinbeta
    11-18 02:38 AM
    Damn that Bob.... if he keeps getting votes he is going to beat me!!!

    Oh wait... Bob is beating me!!!!!!!!!!!!!!!!!!!!!!!!

    CRAP!!!!



    :beam:



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  • usr2004
    01-25 02:31 PM
    This is for FAFSA student aid application
    I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
    Do I need to report this as student asset? where does this asset fit in?

    I am also facing all of the above issues for my daughter's college admission.

    Thanks





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  • iv_only_hope
    09-30 03:24 PM
    there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...

    Sorry I didnt see the thread. Still dont actually. Where is it? Thanks.



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  • Anil_s
    07-02 06:48 AM
    Hi Ari,

    Thank you for the information.

    How Will it affect my H1-B process

    Anil





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  • manderson
    02-27 08:07 AM
    Came across this article:

    Title: U.S. Immigration Reform Bill Could Pass by July

    http://www2.csoonline.com/blog_view.html?CID=29025

    great find. this really sets a barometer for expectations... atleast personally!



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  • jonty_11
    12-13 11:05 AM
    How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.





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  • gc03
    09-07 02:09 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC



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  • arc
    10-04 01:38 PM
    Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!


    Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...





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  • purplehazea
    05-31 06:14 PM
    I'm not trying to give you cause for concern, so please don't take my posting out of context.

    Good luck and future success!!

    Of course you are!



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  • summitpointe
    09-21 06:44 AM
    One more question:

    When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.





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  • Lollerskater
    09-26 12:03 PM
    Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.

    Thank you very much. I believe the same thing but wanted to check with you guys to be doubly sure.

    are u saying fragomen is no good?

    In no way, good sir. They are awesome in my books.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.

    I don't have the official verdict from USCIS whether my lawyer is "still docked" or not, but I'm sure you can understand my situation. Even if my lawyer were "undocked," would I really want to risk some behind-the-scenes FBI investigation delay? Or even worse, a denial with some bullshit reason?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.

    I do not wish to publicly hurt his business any further than what he has already endured for helping people like us. If you are really that concerned, send me a PM.

    I think I'm in an interesting situation which could benefit future IV members. If there are any further comments, I would love to hear them.



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  • bp333
    09-25 01:46 PM
    Thanks BMS1.





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  • piperwarrior
    08-14 05:18 PM
    Most personal finance books will tell you that cash life policies (such as Universal Life) are financially bad investments. They are laced with all sorts of fees, which is why salespeople recommend them.

    Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?



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  • nish2006
    04-27 02:19 PM
    Hi Raj,

    Thanks for your advice, it definitely helps.
    I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.

    My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.

    My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.

    I hope your own issues have all been solved by now.

    All the best
    NK





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  • akred
    04-16 12:05 AM
    I am wondering if social science degrees would qualify as STEM. Some examples are -

    MS in Psychology
    MS in Administration and Criminal Justice
    MA in History
    MA in Political Science
    MS in International Relations





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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!





    HawaldarNaik
    09-23 07:06 PM
    I got a Feather Touch LUD i.e. where u did not get any updates to your case for a long long time (> 360 days)





    Robert Kumar
    02-25 12:04 PM
    The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

    And not to affect your long term stay in the country, it is better to leave the country immediately.

    One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
    What does this mean.



     

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