Wednesday, June 8, 2011

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  • krishna_brc
    01-29 12:47 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.




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  • chandrajp
    08-15 03:32 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?

    But again this is my personal thought.




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  • morchu
    05-08 04:04 PM
    I would say file EB1-140 alone for now (you can retain Oct 06 priority date for EB1 with proper documentation), wait for its approval, and after the approval of EB1-140, still if your 485 is pending, do an "interfiling" showing your new EB1-140.

    Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.

    Thank you, Ms. Reddy for your prompt reply.
    Do I have to file another I-485? How does it work? Your advice is greatly appreciated.




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  • chem2
    01-10 11:32 AM
    have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?

    Hi,

    I am in a unique situation, any advise/help would be appreciated.

    My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).

    However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.

    So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?

    Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?

    Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet



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  • sunnymit
    05-24 09:20 AM
    Nobody wants to 'predict'? Or people are interested only in seeing the real data!

    I guess everyone is just tired of making wrong guesses...




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  • a_yaja
    12-18 09:17 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.

    From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
    1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
    2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.

    Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.



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  • saketkapur
    04-11 06:39 PM
    dude I am in a similar position.....got laid off on march 27th.....got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......

    Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD

    Is your case in TSC?
    Are you US educated?
    Did you file G28 recently?

    Just trying to find a pattern here.........

    regards
    Saket




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  • GCVivek
    04-08 05:56 PM
    US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:



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  • satishbsk
    06-27 01:19 PM
    If you believe that you haven't received an approval notice (for example - you check the online system and it indicates that your case was approved and you have not received an approval notice), USCIS encourages you to submit an inquiry to the e-mail box: CSC.NoNotice@DHS.Gov. Please include your receipt number and/or your "A" number with your inquiry. USCIS expects to respond to email inquiries within 30 calendar days.

    ________________
    Contributed $260 so far




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  • abhishek101
    05-16 03:34 PM
    My wife received her green card on Friday so I think it is the latest info.

    It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.

    Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.



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  • milind70
    08-15 08:34 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.

    I dont think that is the case please refer to question 37 in FAQ 3.




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  • abimanyu
    08-19 09:20 AM
    What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(



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  • snowcatcher
    05-31 10:07 PM
    Hi guys, this is a good article to present to someone as proof of marketability of high skilled people across the globe and the competetion companies face in recruiting them.

    THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING
    The Boston Globe

    INDIA TECH FIRMS SEEK US TALENT IN OFFSHORING TWIST

    Author(s): Diane E. Lewis, Globe Staff Date: May 30, 2006 Page: A1 Section: Business

    Five years ago, US firms were wooing India's computer science graduates with lucrative job offers and a chance to live in America. Now, it's India's turn.



    Infosys Technologies Ltd., a leading Indian software provider, will spend $100 million over the next year to hire and train 25,000 workers and college graduates culled from around the world, including from Massachusetts Institute of Technology and Harvard University. Tata Consultancy Services Ltd. of Bangalore will add 30,500 employees over the next year, including 1,000 from the United States. In a case of reverse offshoring, Indian tech companies are beefing up their staffs by hiring Americans and foreigners to work in India. They also are opening offices around the world and recruiting local staff. The firms are launching the global recruiting effort because of labor shortages in India. Indian companies are expanding beyond data entry and back-office processes into areas such as design, research and development, and sophisticated business applications that require highly skilled workers.

    Tata hired John Dubiel, 59, of Westford in November. Dubiel spent two weeks in India, learning about the firm's products and meeting his Indian counterparts. Dubiel now works out of Tata's Boston office as an executive helping North American companies solve their business problems with technology.

    "The major difference between working for this company and an American firm are the time zones," said Dubiel. "Because TCS is global, the sun never sets on us. It is not unusual to make calls at midnight or at 4 a.m."

    For years, US companies have imported talent from the two Indian firms, saying there were not enough technology workers here. However, lengthy delays due to immigration issues such as caps on the number of H1-B visas for foreign professionals prompted Indian companies to develop another strategy.

    "They said, `Let's train people in the United States or India and make them an extension of our offshore team in the United States,' " said Gary David, an associate professor of sociology at Bentley College. "So, Americans are now becoming the offshore component for foreign firms."

    Currently, more than 10,000 American expatriates work in India for Indian information technology consulting and other outsourcing firms, a number that is expected to grow, said John McCarthy, vice president of Asia Pacific research at Forrester Research in Cambridge.

    Meanwhile, American firms seeking to reduce labor costs are stepping up offshoring efforts and will be sending more white-collar jobs abroad. McCarthy estimates that US employers will move 3.4 million jobs and $136 billion in wages overseas by 2017. Those jobs will include positions in technology, finance, life sciences, human resources administration, and business management. Most will be jobs that do not require face-to-face time with clients.

    Analysts from another research firm, Gartner Inc., based in Connecticut, say that outsourcing of IT jobs from the United States, Europe, and other major regions to developing countries will increase to 30 percent in 2015, up from under 5 percent today.

    But as US firms seek to cut costs, Indian firms Infosys and Tata are scouring the world for highly skilled talent, and they say they will pay the prevailing wage for new hires in Japan, the United States, and England.

    This summer, Infosys will train 300 graduates it recruited from American colleges. The new employees will receive starting salaries of $55,000 after completing a six-month course at the firm's training facility in Mysore, India. The recruits will then start full-time jobs in the company's offices in Texas, Arizona, Massachusetts, New York, Illinois, or California. Infosys trains recruits in India to acquaint them with the firm's culture and with their Indian colleagues.

    Matt Sorge, 23, will graduate from MIT with a bachelor of science degree in mechanical engineering next month. Four weeks later, he'll fly to the Infosys training center in Mysore.

    A native of Oklahoma, Sorge met an Infosys representative at an MIT job fair last fall and was struck by the firm's offer and the chance to work abroad.

    "When Infosys started talking about being with a global team, it seemed like an exciting industry," said Sorge. "So, I figured skewing my career path a little might be more beneficial to me. They're basically giving me an education in computer science, something I would otherwise have to pay for."

    Infosys, the second-largest information technology consulting firm in India with $2.15 billion in revenue and more than 52,000 employees worldwide, says there are advantages to hiring a global workforce. "We're hoping to bring a different kind of diversity to our workplace," said Bikramjit Maitra, head of human resources at Infosys. "For us, diversity is a way to encourage innovation."

    Since India has become a center for computer science, firms can teach new hires in India, where there is state-of-the-art training, said Surya Kant, president of Tata Consultancy Services America.

    At Tata, new hires and professionals train in their own countries and then travel to India for orientation or full-time work. Tata employs 62,000, including 9,500 Americans, who mostly work in the United States.

    Michael McCabe, a spokesman for Tata Consultancy Services North America, said the quest for talent in India is driving the push to recruit skilled workers from other fields.

    "We have a robust and aggressive talent acquisition plan to tackle recruiting in 34 countries around the globe, including the United States," said McCabe. "We want to grow in every geography."

    Diane E. Lewis can be reached at dlewis@globe.com.

    Perform a new search

    Link to the article:

    http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=111F127A671FA7D0&p_docnum=1




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  • seaken75
    11-01 02:37 AM
    One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.



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  • a_yaja
    12-18 09:17 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.

    From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
    1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
    2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.

    Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.




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  • sw33t
    11-06 10:05 AM
    90


    We need 10 more.



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  • krupa
    07-18 04:01 PM
    What is the expected we start gettting I-485 receipt Notice




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  • mwin
    12-05 04:03 PM
    One of my friends with his April, 2004, EB3 PD got his 485 approved.
    No wonder they usedup 30% of Visas.




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  • sreekanth
    10-02 07:01 PM
    I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
    We too should be pro-active in campaigning to media about our valid cause.

    I just sent the following E-mail to the Information Week Editors.
    Sub:Your help requested for Skilled IT wokers to get their greencards
    Dear Mr.McGee,

    I had a chance to read your article about the issues
    faced due to the H1B caps and the Greencard
    Retrogression.("Time Is Running Out For H-1B Visa Cap
    To Be Raised--Or Is It?"-Information
    Week,Dt:06-Sep-06)

    Thanks much for your insight about the SKILL bill.

    It would be of great help if you could write more
    Articles about the retrogression issues. Thousands of
    unfortunate skilled workers like me have been caught
    in the 'Retrogression' black hole and there is no
    relief is visible in any near future.I have been
    waiting for more than 5 years for my green card in
    vain. We are in a state of limbo and are almost
    similar to bonded laborers since our professional
    mobility is very much limited.

    People talk so much about the CIR and Illegal aliens
    but very few people even know about the plight of the
    LEGAL SKILLED workers.The retrogression has not only
    affected my immediate future but it has also
    negatively impacted the future of family/kids as well.


    Our final hope is residing on the SKILL Bill and we
    pray that it will be some how be passed in the
    lame-duck session as you mentioned in your article.
    Hundreds of Skilled workers like me have given up hope
    already and are returning to their countries or are
    looking for opportunities in other countries like
    Canada etc. This also is having a significant negative
    impact on US economy.

    Just to give an example: Atleast 100,000 Skilled
    workers are holding off the decision to buy a house
    since they are not sure about their future here in US.
    This amounts approximately to $30,000,000,000 (100000
    X $300,000) inflow of money that could give a big
    boost to the declining US Housing market.

    It is sad to see that so many experienced LEGAL people
    leaving this country due to immigration caps.

    I kindly request you to publish a cover story on this
    serious issue before the lame-duck session. I am sure
    your words will have a big impact on the CEO's and
    CIO's who in turn can lobby among the senators for our
    cause.

    Thanks again for your help so far.
    Regards,
    Sreekanth




    rayen
    05-13 08:53 PM
    Experts,

    My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.

    1. Is he out of status?
    2. He can appeal with proper evidence to show that we have contract..with clients..
    3. What si the procedure.. pelase advice

    Thanks in advance.




    cygent
    04-03 04:03 AM
    It is not that I want to ask many questions.

    It is just that I want to prepare for the consequences. Also, this information could be important to somebody else in the future, I am not thinking just about myself, so please understand & respect that.

    Thanks for your help!



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