Wednesday, June 15, 2011

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  • chanduv23
    09-10 02:40 PM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.

    During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)

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  • talash
    11-19 01:08 PM
    Hi friends ,
    Im planing to travell on AP in december .I have my H1 approved till 2010.
    I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
    2-what documents i need to have with me when comming back on AP ?
    Thanks for any inputs .

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  • franklin
    07-20 02:11 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself

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  • Becks
    11-30 10:36 AM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...

    Is it mandatory to sit for IELTS? We have been working in US for few years so we cant do our jobs without knowing english. How can we avoid IELTS?


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  • prem_goel
    02-04 04:12 PM
    Attorney's please advise. My sister has an active job offer where we would like to explore this opportunity if any of you can help us in handling it. I need to know if this is possible under the law and if you can help us? Please reply and I'll contact your office.

    Much thanks in advance.

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  • mchundi
    02-16 06:02 PM
    Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
    In the long run yes, we need to think big. One reason i brought this up as several of the immigration bills were to be taken up last year, but the Senate is not allocating enough time to discuss this. The house for its part passed a partisan bill with very little benefits for the legal immigrants.
    If the discussion on some of the controversial issues in the "CIR" get ugly things may be postponed to the next year(Not much activity may be planned as we get closer to elections, most house members may go back to campaigning).
    90k is not much, but the way USCIS works is odd. Because they cannot process 90k +140K petetions in a short time, it will allow everybody to file I-485 and get portability.


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  • martinvisalaw
    07-15 12:27 PM
    Required documents for H1B Visa renewal lists the previous employers experience letter...

    Please advise me....

    Sangeetha K

    Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.

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  • yagw
    09-27 01:34 AM
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.


    AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).

    That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.

    My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.

    Have fun and BE SAFE!!!


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  • diptam
    02-10 10:25 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)

    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck

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  • roseball
    10-15 04:07 PM
    I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.

    Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.


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  • Canadianindian
    04-15 08:11 PM
    I agree with the thought that with the critical mass of 10,000 and growing ppl, it is a matter of time when such political organizations contact us for support in terms of both:

    1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
    2) Our ability to generate monetary support.

    However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.

    My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).

    Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.

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  • babuworld
    11-19 03:33 PM
    Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then

    1.Is my H1B still valid?
    2. What will be the status? My employer didnt apply for EAD at this movement.

    Thanks in advance for your suggestions.


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  • vicks_don
    04-18 03:23 PM
    i understand it now.

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  • kumar1305
    02-24 01:57 PM
    I think that's what is happening. Few of the people already mentioned that they got the extension for the project period mentioned.
    I do not personally know any one, this is all what I read or heard.


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  • yabadaba
    06-22 09:40 AM
    My colleague told me that he took only chest X-ray and not done skin test he got his GC.
    hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!

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  • shana04
    07-21 11:37 PM .Please follow the instructions on the screen. Choose "You need information or other services " option.

    Wish you all the best.

    Thanks for the info


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  • gcformeornot
    08-14 02:32 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    to send separate checks so they can generate LIN/SRC numbers against each application.:(

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  • GCBy3000
    04-17 10:29 AM
    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.

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  • Juan28210
    11-06 09:31 AM
    Thanks for all the replies!

    My current employer is not a very big company so I think you're right. They wouldn't waste their money on me.

    11-16 11:38 AM
    FYI - While I was talking to CSR regarding my AP. There was discussion about processing times, she told me that the new processing times will be posted this Friday.

    07-07 02:13 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
    There is no definate answer,but in general lawyers ask for last three W2 with last three paystubs plus last three years returns filing copy.

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