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  • cbpds
    04-01 03:22 PM
    hi,

    It happened to me when my wife' s and my expiry dates were different.

    Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.

    Thanks



    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna





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  • GCHope2011
    11-05 08:16 AM
    Please read the editorial from today's WSJ by John Boehner. We should adjust our thinking to this reality and try to eat the elephant one bite at a time. Trying to swallow anything all at once is certainly not John Boehner's idea of legislation.

    ================================================== =====
    I grew up in a small house on a hill in Cincinnati, Ohio, with 11 brothers and sisters. My dad ran a bar, Andy's Caf�, that my grandfather Andrew Boehner opened in 1938. We didn't have much but were thankful for what we had. And we didn't think much about Washington.

    That changed when I got involved with a small business, which I eventually built into a successful enterprise. I saw firsthand how government throws obstacles in the way of job-creation and stifles our prosperity. It prompted me to get involved in my government, and eventually took me to Congress.

    Millions of Americans have had a similar experience. They look at Washington and see an arrogance of power. They see a Congress that doesn't listen, that is ruled by leaders who seem out of touch and dismissive, even disdainful, of the anger that Americans feel toward their government and the challenges they face in an economy struggling to create jobs.

    The political landscape has been permanently reshaped over the past two years. Overreaching by elected officials�in the form of pork-laden "stimulus" spending, permanent bailouts, and policies that force responsible taxpayers to subsidize irresponsible behavior�has awakened something deep in our national character. This has led to a surge of activism by citizens demanding smaller, more accountable government and a repudiation of Washington in Tuesday's elections.

    Tired of politicians who refuse to listen, Americans who previously were not involved or minimally involved in the political process are now helping to drive it. While their backgrounds are as diverse as the country itself, their message to Washington is the same: Government leaders are servants of the people; the people are not servants of their government.

    View Full Image

    David Klein


    The members of the 112th Congress must heed this message if there is to be any hope of repairing the shattered bonds of trust between the American people and their elected leaders. And that begins with the speaker of the House, who as leader of the institution must lead by example.

    Accordingly, there are several steps I believe the next speaker should be prepared to take immediately. Among them:

    � No earmarks. Earmarks have become a symbol of a broken Washington, and an entire lobbying industry has been created around them. The speaker of the House shouldn't use the power of the office to raid the federal Treasury for pork-barrel projects. To the contrary, the speaker should be an advocate for ending the current earmark process, and should adhere to a personal no-earmarks policy that stands as an example for all members of Congress to follow.

    I have maintained a no-earmarks policy throughout my time of service in Congress. I believe the House must adopt a moratorium on all earmarks as a signal of our commitment to ending business as usual in the spending process.

    � Let Americans read bills before they are brought to a vote. The speaker of the House should not allow any bill to come to a vote that has not been posted publicly online for at least three days. Members of Congress and the American people must have the opportunity to read it.

    Similarly, the speaker should insist that every bill include a clause citing where in the Constitution Congress is given the power to pass it. Bills that can't pass this test shouldn't get a vote. House Republicans' new governing agenda, "A Pledge to America," calls for the speaker to implement such reforms immediately.

    � No more "comprehensive" bills. The next speaker should put an end to so-called comprehensive bills with thousands of pages of legislative text that make it easy to hide spending projects and job-killing policies. President Obama's massive "stimulus" and health-care bills, written behind closed doors with minimal public scrutiny, were the last straw for many Americans. The American people are not well-served by "comprehensive," and they are rightly suspicious of the adjective.

    � No more bills written behind closed doors in the speaker's office. Bills should be written by legislators in committee in plain public view. Issues should be advanced one at a time, and the speaker should place an emphasis on smaller, more focused legislation that is properly scrutinized, constitutionally sound, and consistent with Americans' demand for a less-costly, less-intrusive government.

    The speaker of the House, like all members of Congress, is a servant of the American people. The individual entrusted with that high honor and responsibility should act accordingly. A speaker's mission should not be to consolidate power in the speaker's office, but rather to ensure that elected officials uphold their oath to defend the Constitution and the American people we serve. If a speaker carries out that mission successfully, the result should be legislation that better reflects the considerable challenges we face as a nation.

    The American people deserve a majority in Congress that listens to the people, focuses on their priorities and honors their demands for smaller, more accountable government. Accountability starts at the top, in the office of the speaker.

    Mr. Boehner, a congressman representing Ohio's Eighth District since 1991, is the House Republican leader.





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  • luckylavs
    07-17 04:44 PM
    what is this ?
    All EB based is displayed as U. Is there no annoucement ?





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  • njdude26
    04-08 08:05 AM
    im sure you can come back if you drive into Canada because your I94 will still be with you.



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  • lost_in_migration
    05-04 12:23 PM
    Unfortunately many of the IV members think Senior Member is a Core IV member, hence they tend to give importance to post submitted by Senior Members. Large audience over here may not be aware that ....

    Junior Member ==> No of Posts<25
    Member ==> No of Posts between 25 to 100
    Senior Member ==> No of Posts>100

    IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.

    The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.

    IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.





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  • alterego
    09-15 02:12 PM
    On the other hand, I think something else might happen unless things change quickly.

    Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.

    I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.

    I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.


    That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
    Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.

    When they want to act on something you can see it in the speed of action.
    Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.

    You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.



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  • Shujaat
    05-14 02:43 PM
    Hi





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  • SAPGURU
    01-04 09:09 AM
    They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.



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  • dc2007
    07-25 10:55 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.





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  • sat2010
    03-05 11:23 AM
    Congratulations All , good to know that eb3 to eb2 case is going through.

    what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

    Thanks in Advance .



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  • gc28262
    06-27 10:48 AM
    Hi,
    I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.

    I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
    Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.

    Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.

    Please refer to Murthy site link here

    http://www.murthy.com/news/UDtermh1.html

    Q4.Can I apply for a status other than H1B if I am being laid off?

    A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.

    Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.





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  • 485Mbe4001
    10-02 07:53 PM
    short answer...You are the chosen one you can do what ever you want, while USCIS will do what they think is right...IMHO plenty of legal trouble for you, your company and your lawyer. While you are at it why not ask companies C,D&E to sponsor parallel applications for you, the more the merrier....i think you are a troll...Hardworking, law abiding immigrats get a bad rap because of people like you.


    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated



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  • greencardvow
    07-17 05:36 PM
    I filed 485 on July 2 2007 through Company 1. I left the Company 1 on July 7 2007. Company 2 had filed for PERM in June that had an approval on July 16 2007. I wana apply for 140/485 through Company 2 (concurrent filing) by this July 2007. Can I have 2 pending 485 application? I dont have the receipt for 1st 485 as it was just filed on July 2.





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  • bharad
    01-06 03:15 PM
    Congragulations



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  • dan19
    09-15 01:38 PM
    Where did you get the numbers from?


    Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
    It is a truly daunting situation.
    I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.





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  • Michael chertoff
    04-15 10:28 AM
    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

    Congratulations .....everyone of us will see this day one day....

    wow I can imagine how happy you are..enjoy and pray for rest of us.



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  • kaushik07
    10-30 01:44 PM
    I see a number of views on this thread this morning. Small request for all those who are viewing this thread - if you are a july 2nd filer or in that week close by, can you please post your comments so that we will know if there are a significant count of applicants who are out there in the same boat. Thanks!





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  • trueguy
    10-20 01:37 PM
    They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing





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  • johnnymore
    03-18 04:12 PM
    Wow, thanks so much for the fast responses. You can see how confused I am....I was in the wrong forum. Thank you for the heads-up and the redirection to the proper forums.

    Much appreciated!!

    Johnny





    mbartosik
    11-08 10:03 PM
    on the list of IV issues is legislation to require employers to share immigration documentation.

    If you don't trust your sponsor then I would recommend finding a new one. You will be in position for many years where you need a sponsor that you can trust.

    You will certainly want to get a copy of the I140 when that is eventually filed. You may have a long wait before you can file for I485, and you will need the I140. Some employers held people's feet to the fire to get a copy of the I140.





    Circus123
    03-15 10:55 AM
    That is my understanding as well...
    What I understood from Ron's article:
    They're not processing fast enough to exhaust visa numbers.
    They want to minimize visa number wastage.
    They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
    Many people will have dates current, but few will get approved... it'll be luck of draw.
    Dates will then return to retrogressed levels at the beginning of the next financial year.
    However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.



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