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  • desi_voice
    05-02 07:39 PM
    Guys,

    My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.

    @bbct

    I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.

    @mckottayam

    IO did the correct thing for you by giving I-94 validity date based on your extended I797.

    Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.





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  • hmehta
    09-12 07:20 PM
    Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.

    As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.





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  • nixstor
    08-30 01:11 PM
    My 25,000 AAdvantage miles to IV.





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  • joydiptac
    05-14 05:02 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?

    In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
    FWIW



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  • bobzibub
    10-06 01:27 PM
    Attempting to get USCIS to post a page like that would be like squeezing blood from a stone.

    Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.

    Leadership. They've heard of it.





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  • learning01
    04-12 12:33 PM
    As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

    Many skilled foreigners leaving U.S.
    Exodus rooted in backlog for permanent status

    Karin Rives, Staff Writer

    When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

    It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

    Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

    Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

    "You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

    Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

    All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

    "We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

    This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

    "We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

    Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

    However, not everybody believes in the labor shortage that corporations fret about.

    Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

    "We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

    She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

    Waiting since 2003

    Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

    His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

    "I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

    Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

    The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

    And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

    New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

    Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

    Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

    "It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

    Limit of 140,000

    Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

    And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

    In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

    * Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

    * Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

    * Raise the 7 percent limit for nations such as India that have many highly skilled workers.

    After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

    Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

    Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

    "Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

    Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
    I thought this deserves it's own thread. Please comment and act.



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  • chanduv23
    09-14 02:21 PM
    We are employee of employers - not chained slaves of employers.

    They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.

    As long as you are scared - they will play dirty tricks on you

    But if you are brave - they wont do it





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  • jayleno
    08-08 10:08 PM
    Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.



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  • Mayra75
    12-31 05:22 PM
    In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
    http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
    With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
    Waldenpond :
    Thanks for your reply,I read section 311 , it talks about people with advanced degree from US universities , so what about forgein-trained with noraml degree ? will these H1s visas will only for advanced degree ?
    Thanks





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  • shahsahil
    04-17 02:46 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..

    It is a fresh application.



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  • LOL123
    02-14 08:55 AM
    Thank You All for the suggestions.





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  • chanduv23
    12-24 02:25 PM
    Please post your own blog sites here if you have written articles about immigration and have any videos, cartoons, PSA etc....



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  • dreamworld
    11-30 03:08 PM
    Hi All,

    I and My wife were applied 485 in July 2007. We have received receipt numbers, EAD's and Advance Paroles. In online my wife 485 status showing as approved, but we did not receive any letters from USCIS. When we called USCIS about this, some of the IO officers are saying they don't know why the Card production ordered was not happened and they will send a request to supervisor. But some of the IO officers are saying instead of approving 131,they approved 485 and it is a mistake. Even though if they are saying mistake, they are not changing the online message or when we call them getting different messages from USCIS until today...Gurus please advise what we need to do.

    Thanks.

    What is the birth country of your wife????. If she is not born in India then her PD is current...





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  • TheOmbudsman
    08-09 11:04 AM
    I don't know.
    My friend same something that it makes sense;
    Don't expect to see any real improvement throughout the Pres. Bush Administration. Remember politicians do shows. Even the current SKIL bill seems to be way unilateral and that would not be welcome by American voters either. I think until lawmakers truly stop listening to lobbysts and bring a true balanced bill to the table, we will see lots of "shows", but no real result.

    It may happen someday, but I don't count on it necessarily in 2007.

    Hi All,
    I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.

    peace........



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  • chanduv23
    04-27 09:16 AM
    Not sure how true this is but I got this email from my friend who is also an IV member.

    Dear All,
    Be Careful At the Indian Airports , This is a well organized conspiracy by Indian Immigration, Police, Customs and Air India staff with networking at all the Indian
    International Airports. Be watchful when ever you give your passport to Immigration/ Customs/Air India staff. The pass port can be easily tampered and can create trouble to you. They have found easy way of making money from NRIs. This is the way it works:
    At the time of the passenger's departure, if the passenger is not looking at the officer while he is stamping the exit, the officer very cleverly tears away one of the page from the passport. When the passenger leaves the immigration counter, the case is reported on his computer terminal with full details. Now all over India they have got full details of the passenger with Red Flag flashing on the Passport number entered by the departure immigration officer. They have made their money by doing above. On arrival next time, he is interrogated. Subject to the passenger's period of stay abroad, his income and standing etc., the price to get rid of the problem is settled by the Police and Immigration people. If someone argues, his future is spoiled because there are always some innocent fellows who think the honesty is the basis of getting justice in India ..
    Please advise every passenger to be careful at the airport. Whenever they hand over the passport to the counters of Air India , or immigration or the customs, they must be vigilant, should not remove eyes from the passport even if the officer in front tries to divert their attention. Also, please pass this information to all friends, media men and important politicians. Every month 20-30 cases are happening all over India to rob the NRIs the minute he lands. Similar case has happened with Aramco's Arifuddin. He was travelling with his family. They had six passports. They got the visa of America and decided to go via Hyderabad from Jeddah. They reached Hyderabad. Stayed about a month and left for the States. When they reached the States, the page of the American visa on his wife's passport
    was missing. At the time of departure from Hyderabad it was there, the whole family had to return to Hyderabad helplessly. On arrival at Bombay back, they were caught by the police and now it is over 2 months, they are running after the Police, Immigration officers and the Courts. On going in to details with him, he found out the following: One cannot imagine, neither can believe, that the Indian Immigration dept can play such a nasty game to harass the innocent passengers.
    All the passengers travelling to & fro India via Bombay and Hyderabad must be aware of this conspiracy. Every month 15 to 20 cases are taking place, at each mentioned airport, of holding the passengers in the crime of tearing away the passport pages. On interviewing some of them, none of them was aware of what had happened. They don't know why, when and who tore away the page from the middle of the passport. One can imagine the sufferings of such people at the hands of the immigration, police and the court procedures in India after that. The number of cases is increasing in the last 2-3 years. People who are arriving at the immigration, they are questioned and their passports are being held and they have to go in interrogations. Obviously, the conspiracy started about 2 to 3 years ago, now the results are coming. Some of the Air India counter staff too is involved in this conspiracy.





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  • yestogc
    03-11 03:56 PM
    When you enter first time the IO @ POE will take you to a separate room (not for a interogation, but a routine process which they follow) ................ so keep all answers ready as what you will say if they ask (I am sure in todays date they will ask) are you with same employer, do you have a job, do you have recent paystubs and so on.

    All I can suggest is do not fumble with words there rather than just be confident in what you speak and if he asks for documents what will you do then.



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  • bhasky25
    10-11 01:39 PM
    I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.

    My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).





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  • jonty_11
    02-08 02:13 PM
    I think u should talk to new lawyer abt retaining application and pursuing on the the one with Co X....even though it was acquired. by Y....as long as ur location did not change. If u had a clause stating that ur Job is relocatable u should even be able to retain Co X;s application even though u moved after teh aqisition





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  • amohale
    02-26 12:26 AM
    Please help me with my case.

    I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.

    The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.

    the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.

    So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.





    ntpatil
    04-27 10:44 AM
    Yes,

    And that is the reason I wanted maximum check-in luggage with no carry on, so that she does not have any hassle while traveling.





    kiranvahaja
    07-17 02:46 PM
    hey guys

    my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.

    Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?

    Any advice is appreciated!!!

    Kiran



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