Thursday, June 16, 2011

Black Swan Crown

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  • pooja_34
    10-17 09:33 PM
    We never had to tell the IO to do anything. They knew what to do.

    But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.

    But we never had that problem to deal with.

    Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?

    pooja_34
    Junior Member

    Join Date: Dec 2006
    Posts: 14


    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.




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  • guru76
    01-08 04:24 PM
    My father had the same problem. On 30th he had his interview and the VO said he will get his passport back in 5 days. Well he did not get it back till yesterday. Today the status has changed on VFS website saying it has been sent by courier. Just wait a little bit longer and I am sure you will get it too. PRobably because of the holiday season they took more time than usual.




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  • yibornindia
    11-19 06:02 PM
    Co-sufferers,

    Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?

    There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?

    I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:

    Thanks all for sharing.:)




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  • Bolt
    04-23 12:42 PM
    Hi Anand /Snathan,

    Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....

    Hi guys,

    my h1 got approved on 21st of april 2009.



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  • ArkBird
    06-24 03:02 AM
    No. as per my lawyer it became unavailable in the middle of the month.




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  • EndRetro
    04-19 01:49 PM
    Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

    I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

    This is the response to a MAIL that I had sent to the MUMBAI consulate!!

    ************************************************** ********
    MUMBAI, N IV to me
    Apr 18 (1 day ago)

    "Returning workers can apply in any of the four U.S. consulates in India."

    It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
    It may be harder to qualify for the visa if you are not applying in your
    own district.
    The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

    Application fees in this case will NOT be refunded.

    Best regards,

    Non Immigrant Visa Section/wds
    U.S. Consulate General Mumbai


    ************************************************** ********



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  • Spray the crown of your head


  • alisa
    01-20 03:33 PM
    Can you please provide links. And also provide the numbers.

    Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
    I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
    No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.




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  • sohilbt
    09-10 10:40 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.



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  • chem2
    06-15 09:07 AM
    if you completed an I-9 with your employer after you recd your green card, you may be able to ask them if they are willing to let you make a copy from their files.




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  • maximus777
    04-29 08:22 PM
    Health care in India rocks! :cool:
    Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D



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  • Crown Princess Marie Chantal of Greece - Black Swan


  • IneedAllGreen
    10-20 03:42 PM
    First thing you can do is to get good education equivalent certificate from reputed company(like Trustforte). If your labor has stated that combination of degree is accepted then make sure that you write same wording in your edu equivalent certificate. Try to understand this that going to Appeal/AAO office is taking forever to response back (AS OF NOW THERE IS 26 MONTHS OF DELAY TO PROCESS I-140 THOUGH APPEAL PROCESS). How do I know about 26 months cause I got a letter from USCIS Washington DC office(through my Senetor) when I request Senetor's help in getting my I-140 approve from AAO office. So make sure that you prepare your document correctly before sending it to AAO/USCIS office. Foremost thing if your document has gone to AAO office then keep patience. After reading so many decisions from AAO office on I-140 appeal I understood that they will look into your case on de nuvo basis. Meaning AAO office will look at your all document that you sent from start to end to make sure that your appealed decision can be taken correctly. If you have enough time with you then I will recommend you to go through this AAO decisions. See link here Administrative Decisions (http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp)

    Good luck with your I-140 appeal process.

    Thanks




    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.




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  • sharma258
    02-10 03:44 PM
    Hi Guys,

    please let me know how long we need to stay with sponsoring employer after getting GC.

    Thanks



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  • Ajaykumar
    11-06 11:23 AM
    Hi All,

    Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

    1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

    2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

    3. How long I can continue with future employment in the GC process?

    4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

    5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

    All the best!!!

    -
    Regards
    Ajaykumar




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  • mudigondag
    01-25 05:05 PM
    I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.

    Good Luck to your daughter.

    Thanks ksircar;
    Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
    Thanks
    Venu



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  • raysaikat
    01-15 12:38 PM
    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    ----
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?

    Do you have your I-140 approved? Green card is independent of your current status (L-1 or H-1); the speed of getting green card depends on what category you can apply (Eb-1, EB-2 or EB-3) and your country of birth (i.e., the country where you were born, not the country of citizenship).




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  • GCBy3000
    02-06 05:25 PM
    Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.

    You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.



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  • Blog Feeds
    03-22 12:20 PM
    AILA Leadership Has Just Posted the Following:






    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEicA0ll-ifUVMBUbd1DX6WbvtVX9vBrHC_jgmMHcSP5x9foMJUI4J9VD7mi4pYJRL8i9ntuFW2DEMQ25gz3swrqcK5lKQ7g3gjFGIog-VvqVBWz7Bt76svJP27erUv7kJbGqyIePW97mDs/s320/2010-03-22+Statue+of+Liberty.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEicA0ll-ifUVMBUbd1DX6WbvtVX9vBrHC_jgmMHcSP5x9foMJUI4J9VD7mi4pYJRL8i9ntuFW2DEMQ25gz3swrqcK5lKQ7g3gjFGIog-VvqVBWz7Bt76svJP27erUv7kJbGqyIePW97mDs/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
    "We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

    The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

    It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

    The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

    Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:


    Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.


    This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.


    If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.


    Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.


    My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."


    Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.


    Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."


    As long as we don't shut our doors.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)




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  • gc03
    09-07 01:56 PM
    I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.

    Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
    He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
    I didnot sign any agreement with him.
    Note: H1B not started yet. It will start from oct 1st.

    What is the H1 cancellation form/letter?

    Does it have any impact on my Green Card Process? Please Advise.

    Thanks for any replies




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  • songlan
    12-05 08:16 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney




    sintax321
    04-29 04:31 AM
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    xyzqwer
    01-22 02:47 PM
    I'm planning on applying for a new H1B, but the quota is almost over and there is a risk that I might get rejected again since its the same employer.

    I wanted to know if I should apply for CP while in India, since my priority date is current.

    Anyone know the CP timeline and how long it would take to finally get the GC?



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