Tuesday, June 14, 2011

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  • div_bell_2003
    03-24 07:42 PM
    It's best to contact your employer attorney about their standard practices about H1B revocations after termination of employment, but as far as I know if your H1B is revoked before your COS takes effect on Oct 1 , 09 , your OPT status stays intact till its expiry.


    Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?




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  • ramus
    05-30 08:32 PM
    While other members helping you can you also help IV and send some web-faxes..

    Thanks.



    Please help....I am in a little bit precarious situation here...


    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?




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  • chanduv23
    09-15 06:47 PM
    Do we have any guesstimate for the number of attendies for the rally?

    10000 is expected and more.

    Like a caller on radio said - we need 30,000 people and not 5000 people.

    People in Tri State and DC area - no excuse for not coming. Just one day of your lives. Just one day




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  • dealsnet
    01-13 01:48 PM
    What you did is illegal. It can affect your H1B and GC.



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  • x1050us
    06-25 09:46 PM
    If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth

    Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?




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  • forgerator
    12-17 12:08 PM
    its not very wise to be traveling with so much cash. Why not use traveler cheques or do money transfer?



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  • gsc999
    07-15 08:23 PM
    I know we have to do a lot of work to get coverage but I was just saddened at the behavior of the bigwigs. They know the news and yet chose not to report it.
    ---
    - All the local Chinese newspaper carry this event on front page
    - We were on local KTSF TV, thanks to help from our Chinese friends
    - We were local KTVU 2 TV channel at prime time
    - We have been covered by local print media like Mercury news
    - We have interviewed with local radio stations
    - We had reporter from Associated Press cover this event
    - BusinessWeek wrote an article about us

    Mind you this is Silicon valley not some countryside suburb in America.

    I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.




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  • sanher
    10-29 12:16 PM
    I am scared to see this. I am flying to backhome for stamping this weekend.



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  • learning01
    02-25 05:03 PM
    This is the most compelling piece I read about why this country should do more for scientists and engineers who are on temporary work visas. Read it till the end and enjoy.

    learning01
    From Yale Global Online:

    Amid the Bush Administration's efforts to create a guest-worker program for undocumented immigrants, Nobel laureate economist Gary Becker argues that the US must do more to welcome skilled legal immigrants too. The US currently offers only 140,000 green cards each year, preventing many valuable scientists and engineers from gaining permanent residency. Instead, they are made to stay in the US on temporary visas�which discourage them from assimilating into American society, and of which there are not nearly enough. It is far better, argues Becker, to fold the visa program into a much larger green card quota for skilled immigrants. While such a program would force more competition on American scientists and engineers, it would allow the economy as a whole to take advantage of the valuable skills of new workers who would have a lasting stake in America's success. Skilled immigrants will find work elsewhere if we do not let them work here�but they want, first and foremost, to work in the US. Becker argues that the US should let them do so. � YaleGlobal


    Give Us Your Skilled Masses

    Gary S. Becker
    The Wall Street Journal, 1 December 2005



    With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.


    An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!


    This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.


    So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.


    Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.


    To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.


    Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."


    Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.


    Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.


    Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.


    Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.


    I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.


    Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.


    Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?
    URL:
    http://yaleglobal.yale.edu/display.article?id=6583

    Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.



    Rights:
    Copyright � 2005 Dow Jones & Company, Inc. All Rights Reserved

    Related Articles:
    America Should Open Its Doors Wide to Foreign Talent
    Some Lost Jobs Never Leave Home
    Bush's Proposal for Immigration Reform Misses the Point
    Workers Falling Behind in Mexico




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  • rajivkumarverma
    10-16 08:49 PM
    Rajiv,

    Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

    Good Luck

    Ashish!

    Thanks
    Ashish Can I use the same labour.My labour got approved on June 2007.
    I think labour gets expired in 6 months



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  • priderock
    06-15 12:49 PM
    How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)




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  • number30
    03-05 09:45 PM
    As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

    I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?


    Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.



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  • ItIsNotFunny
    09-23 10:15 AM
    I don't get it - where are the rest of the 2468 members?

    Can we send out a blast (through Pappu) to everyone on this forum?

    Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!

    Those are the people who don't deserve GC!




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  • vijayam
    09-15 05:34 PM
    Thank you for the reply.

    I did my Master's here.

    And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.

    ---Vijaya.



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  • mk26
    05-14 10:10 AM
    Howard County




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  • gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.



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  • saketkapur
    12-02 06:58 PM
    This in from Ron Gotcher website....I guess they are reading our letters.....


    Good news concerning AOS denials based on I-140 revocations

    --------------------------------------------------------------------------------

    We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.

    Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.

    I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.

    I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.

    I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
    __________________




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  • shana04
    02-01 06:07 AM
    There is a seperate thread on this. Look it up.
    My 2 c:
    - Stay away from Murthy. They've screwed up at least 2 cases that I know of. And their response is slow.
    - Thomas Fan in MD: Run like you've seen the devil. I have no idea why malpractice suits has not been filed against him yet.
    - Clark Trevor in CA - Guy is awesome but expensive.
    - Ellen Krengel in CA - Decent.
    - Gowda in MI - Slow, inefficient.
    - Rajeev Khanna - seems to be good, efficient and responsive.
    - Jon Wu, CA - Slow as hell but knows the ins/outs

    I gave you points.

    I do not care about money right now. All I need is a good attorney where I can sleep happily for some time. I will try Rajiv kahana, then.
    One of my friend also got his GC from Rajiv kahana.

    Thanks my friend.




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  • ivar
    06-18 10:41 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion or an appeal, could you please post your feedbacks/experiences?

    also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

    I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.




    GCFISH
    08-31 09:21 AM
    Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.




    freedom1
    01-24 12:37 PM
    I turned out to be my I-485 approval notice!

    I just received it yesterday.

    Thanks all.

    Freedom1.



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