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  • shukla77
    03-10 04:16 PM
    I did mistake of not submitting I-94s and I went through lot of problems.it took a long time to get the dates corrected on the I-94s.




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  • bluekayal
    10-20 06:06 PM
    Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140!




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  • Googler
    02-15 12:06 AM
    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.




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  • jasmin45
    03-14 09:34 AM
    Most of the american students (not all) does not develop the attitude and key qualities required for Higher education in science and technology. As per my observation, lot of them seems to have high ambition, which is good, but no focus on means to achieve it.

    Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.

    This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.

    Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.

    There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.



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  • wandmaker
    08-18 10:54 PM
    I did B.E in Computer Science Engg, 4 yrs Course.

    I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

    That's all i know at this moment. I don't know whom to trust at this point.

    When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card




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  • Legal
    05-20 08:16 AM
    http://www.immigration-law.com/

    05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date

    The House floor failed to pass this bill and postponed until the undetermined date for final action. :(

    This bill was supposed to be less controversial than EB recapture bills?



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  • gc_peshwa
    03-10 11:07 AM
    No problems for me at all. I just logged in and transferred some to my parents back in India.




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  • rajenk
    01-16 09:00 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?

    1. Yes you can certainly do that too.

    2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.



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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.




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  • actonwang
    01-18 12:42 PM
    yes. i agree above

    I think the author is referring to the first step (labor) which INS will undoubtfully reject a lot of applications if in recession or in down time.



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  • kaushik07
    10-30 02:46 PM
    Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.




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  • paulcao1978
    01-20 10:16 PM
    Here is the post from immigrationpotal stating the final verdict of IV. I think it might be true. Look at the post by NYC8300.
    http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
    Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.



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  • gaggu
    07-12 02:20 PM
    This place is addictive...




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  • ena23
    03-08 12:33 PM
    they got confused that he is a full time ??..pls share more light..your situation is not clear to me



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  • qualified_trash
    07-07 01:09 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.

    Could you tell me what the difference is between owning a company and being a shareholder? :-))

    Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.




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  • jungalee43
    01-10 08:12 AM
    I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.

    Here are contact details: -

    Murali Bashyam - Managing Partner
    Bashyam Spiro & Edgerton LLP - Immigration Law Group
    www.bashyamspiro.com
    919 833-0840 x28
    919 833-4722 fax



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  • dunkin
    07-01 03:20 PM
    will it help to also write to our respective senators regarding this?




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  • alterego
    02-09 07:10 PM
    Yes but some discussion is going on behind the scenes. I would not be surprised if some such relief were included when we see the final legislation on Feb 15th.
    Schedule A, by definition is an area where lawmakers have sympathy. It is guilt free since their own gov't surveyers are designating those areas as in short supply.
    Right now the achiles heel for us is that just mainly India is affected. Hence the focus on this probem to the lawmakers seems like just a an Indian IT guys issue. You heard the good senator Biden's comment about what he felt about that, when he slipped up in Dunkin Donuts. I feel that is at the core of the problem. Hence they see it as a favour for us rather than a competitive benefit to this country.




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  • GlobalCitizen
    08-22 08:36 AM
    What number Would I call? 1-800-375-5283 is just messages

    Could anybody please provide me with a number I can call and talk to a person? Thank you much.




    leoindiano
    02-12 09:40 AM
    Guys,

    SR's doesnt work. period. I tried 3 times.

    best thing is take infopass at your local INS using http://infopass.uscis.gov.

    Go and show your receipts, they will schedule the FP appointment within 2 weeks from then. Most people did that successfully and i also took appointment for next week.




    legaleagle
    06-08 02:50 PM
    Thanks Dhundhun,
    I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.



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