Tuesday, June 14, 2011

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  • BECsufferer
    09-03 09:09 AM
    Congrats to 12/2004 PD holders.

    Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:




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  • prem_goel
    03-08 09:57 AM
    Hello Ann,
    Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).

    Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.

    If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?


    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?




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  • kami97
    06-11 03:25 PM
    Thanks so much for the info. Really appreciate it. I think I will then wait and see if they send a RFE. Best wishes to all!




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  • And DIANA was a BALLET


  • ujjwal_p
    06-10 02:19 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?

    Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.

    **- This is not legal advise.



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  • vedicman
    11-30 09:00 AM
    The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)

    It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.

    �It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.

    Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.

    �Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�

    Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.

    Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�

    Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.

    Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.

    The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�

    The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�

    Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.

    Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�




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  • kish006
    12-27 09:13 AM
    I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....

    Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).



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  • gc_check
    06-26 03:23 PM
    trying go get an answer if any one can give some insight?

    Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.

    Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.




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  • caforum2
    04-06 10:10 PM
    i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
    whn i went to immigration-law.com, they say the following

    cud someone tell me which one is true??????????

    We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
    The development is accompanied by three other developments:
    President released statement supporting the bi-partisan agreement;
    Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
    Senate also relected the Republican Kyl' motion for his amendments.
    Now we see the light at the end of the tunnel!!
    If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.



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  • badluck
    06-22 09:41 AM
    TB test should be positive or nigative. does it make any different in immigration

    any responce




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  • hopefulgc
    07-31 04:10 PM
    interested in charter/car pool



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  • desi3933
    02-01 07:58 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.

    Contrary to popular myth, it is ok to file I-485 on F1 visa status.


    if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?

    Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • yganreddy
    08-06 10:58 PM
    I read this in other forum and thought of sharing it

    ----------
    When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.

    Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!

    That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!

    With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.

    Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.

    The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.

    In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.

    This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.

    Just to make our last days together bearable I accepted her odd request.

    I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..

    I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.

    On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.

    On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.

    She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.

    Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.

    But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.

    She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.

    Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
    'I'll carry you out every morning until death do us apart'

    The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!

    If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.

    Relationships are made not to exploit, not to be broken.
    We teach some by what we say
    We teach some more by what we do
    But we teach most by what we are

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

    You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...



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  • Vitriol
    04-13 10:12 AM
    Thanks a lot, people!




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  • shivarajan
    01-26 03:12 PM
    is OP a rant? :rolleyes:



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  • fall2004us
    03-22 02:43 PM
    samswas - sorry for hijacking your thread a little bit.
    here is my question:
    Can I travel while EAD is still pending, though EAD is not being used, and mode of entry will be still H-1 and AP papers as backup.(no employment change)




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  • number30
    05-08 06:27 PM
    What if you directly send a personal check?

    MAy be good for large amounts. But for small amount too much fees is associated. I sent some checks of $100 to a charity , almost Rs 500 was deducted as fees for every Check. It was Syndicate Bank where they encashed the check.



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  • anilsal
    08-05 08:34 PM
    To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......

    Nice....;)

    Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)




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  • suren26
    07-24 12:12 PM
    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.




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  • pgc10
    02-03 12:13 PM
    This is a grey area, in my opinion, some lawyers say that you should file those documents for AC21 and some say don't (just wait for RFE, if any). But I have seen people getting success and failure with either method on several other boards. Maybe it depends on how similar your new job description is to the old one and the IO.




    dixie
    10-13 07:36 PM
    You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.

    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US




    amsgc
    04-22 09:05 PM
    I was just going over PERM data (http://www.flcdatacenter.com/CasePerm.aspx) for FY 2005 and 2006. I found that 19,515 cases were approved for India, for cases filed between March 2005-Dec 31 2005. This includes EB2 and EB3. This is smaller than what I was expecting.

    Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?



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