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  • shivaniraina
    07-21 02:20 PM
    You are exempt from the cap:) . Your immigration lawyer can confirm this.

    I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.





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  • gulute
    12-09 08:30 PM
    Pardon my ignorance!

    My understanding was American companies are setting up shops in India for cheap labor and still provide services for mostly American consumers and not Indians. And for Oracle they can bring any number of Indians here on H1/L1/B1 visas. So what make them pay $120K in India (I assume he is still a software engineer, else he would have been getting more than $120K here!)

    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.





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  • ryan
    01-26 03:18 PM
    Hi Friends, I searched through some of the prior posts and did not find the answer. I am not looking for cities to live in from the point of view of job, taxes, weather, desi population, desi amenties such as movies, restaurants etc...

    Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why you would relocate to the other side of the planet and seek the best place for "Indian" children to live?! I would reckon, it is probably your hometown, in India.

    Very few get to have the cake and eat it too.

    I have lived in 4 states, in the 8 years I have lived in this country. I have NEVER faced racism or discrimination of any sort. No place is perfect. However, this country does stand head and shoulders above a lot of places. Try and fit in.





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  • njboy
    07-26 10:38 AM
    pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
    in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.



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  • EkAurAaya
    05-24 12:42 PM
    http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms

    Great immigration debate has Indians steamed up
    24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK


    WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.

    Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
    for the skilled immigrants lobby say.

    Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.

    "What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)

    According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.

    A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.

    Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.

    Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.

    Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.

    Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.

    To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.

    Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.

    So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.

    According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.

    If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.

    "Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"





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  • BharatPremi
    07-17 10:29 PM
    DIGG THIS PLEASE:

    http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards



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  • upuaut
    10-21 01:42 AM
    I agree





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  • kedrex
    01-13 06:04 AM
    ^



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  • amsgc
    05-29 08:13 PM
    The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
    Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
    Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

    Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

    Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.


    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.





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  • seekerofpeace
    04-23 03:33 PM
    I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.

    I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.

    The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.

    Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.

    SoP



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  • delhirocks
    07-03 12:21 AM
    Yes, it's my case that just got approved. See my signature for dates.

    Congrats, This is the only positive that came out of this fiasco. Iam sure its big relief for you and potentially 60,000 other filers. Enjoy...





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  • chanduv23
    09-09 02:31 PM
    REDMOND HEROS
    BELLEVUE CHAMPIONS
    KIRKLAND STARS

    COME ON MARINERS - LETS MOVE THE RAINIER LETS BRING THE CASCADES TO DC



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  • glosrfc
    01-01 06:42 PM
    Is it just an AS 3.0 competition? Otherwise all of us lowly and impoverished AS 2.0 users will have to sit this one out.





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  • maheshf
    07-31 12:10 PM
    FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.

    They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.


    You are right...It's random..just received �Card Production� notification for my wife as well..



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  • webm
    02-24 03:01 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..


    HTH,





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  • win_or_win
    11-01 11:14 PM
    ok , here is the best ..

    Mujhe Nind Na aaye , nind na aaaye hai , mujhe chen na aaye ,chane na aaye ...

    YouTube - Mujhe neend Na Aaye - Dil (http://www.youtube.com/watch?v=ypMIhmEfK2w)

    Another one but really goes with it ,

    Aisi deewangi dekhi nahin ...

    http://www.youtube.com/watch?v=hXmL7WpMyu4&feature=related



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  • sbvw76
    06-02 10:59 AM
    Are you not suppose to go back to your country and come back in H1b since L1b is intra-transfer with in your company A?

    Pl. consult an attorney..





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  • santb1975
    12-08 11:15 PM
    and the easiest Action Item to work on. Rallying fellow IV'ans to contribute and be part of this effort is not easy as clicking on contribute now.





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  • ken
    09-29 11:40 PM
    I opted for renewing the AP online on Sept 22,2009.Got the receipt at the same time, and next day which is Sept 23 i sent the supporting documents along with the cover letter,2 photographs ,confirmation receipt ,485 receipt, DL copy and passport copy from Priority Mail with delivery confirmation. Today when I tried to check the status on postal website it says that document scanned on Sept 23 which means they haven't reached the destination, now this concerns me because previously when ever I applied AP and sent the supporting documents they normally take 2 to 3 business days to reach.

    Now my question:

    1) If suppose the AP supporting documents get lost in mail then can I send the documents again and if in the mean time postal service delivers the first set


    In between I see soft LUD's of 9/28 on my wife AP

    All responses to the above matter is highly appreciated





    conchshell
    07-29 04:39 PM
    CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
    Is any one would like to join this !

    I was wondering if there is any update available from this meeting?





    goel_ar
    01-17 09:12 AM
    Hi All,

    My situation finally got resolved. Just wanted to share with everyone --

    1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.

    System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.

    Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.

    2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
    Number is :- 1-888-464-4218.
    Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.

    If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.

    Thanks,
    AG



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