Thursday, June 9, 2011

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  • harsh
    12-22 10:05 AM
    you learn something new everyday. This surely is interesting.

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  • JazzByTheBay
    05-30 02:08 AM
    While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (

    The Luce-Celler Act of 1946 ( was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).

    Food for thought...


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  • ajay
    08-16 11:23 AM
    I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.

    - gchopes

    In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.

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  • overseas
    08-23 07:14 PM
    Hi Andhrawala,

    I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.

    In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.

    As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.

    I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)


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  • yabadaba
    07-22 03:37 AM
    Please vote and provide details if the answer is yes

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  • raysaikat
    07-11 01:06 PM
    Thanks for the response raysaikat... the above information is definitely very helpful for me.

    As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.

    If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.

    However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
    If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
    And if approved can i start to work immediately without a gap?

    Please advise.

    Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.


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  • chanduv23
    11-07 02:21 PM
    Well, as a matter of fact "employer is employer" - there is nothing called good or bad. Any employer can be bad during crunch times. Times have changed now and there is more scrutiny over consulting companies these days because they have lot of immigrants on payroll. Look for urself, your family, ur need etcc.. before changing jobs, be it consulting or fulltime. Sometimes FT jobs can be worse as you never know what kinda shit u may get into.

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  • radhay
    08-05 11:50 AM
    Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.

    You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th paystub should be sufficient but if you have access to your latest electronic paystubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.


    I read in one the post here at

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?



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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.

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  • nik.patelc
    02-18 08:39 PM
    I just noticed that your PD date is Nov 2004 EB2. I am just curious that CIS is processing case with PD NOV 2004 in March but March 2009 bulletin show EB2 Feb 2004.

    Would you share details when did you get GC interview?


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  • Yeldarb
    04-13 06:58 PM
    One way to get a couple of cheap sites under your belt is to advertise in online games. Lots of clans need sites, but they most likely don't have much money. (Just a little tip lol, that's where I got some of my first business :))

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  • snhn
    11-06 11:55 AM
    WEre there any LUD on your case before you all got them.


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  • aperregatturv
    10-26 04:01 PM
    Can you type in all your details , like category,country, etc. Is your PD Current?

    PD Feb 2004 - EB3 - India
    I140 Approved - May 2007
    EAD Approved - Oct 3
    EAD recd Oct 10
    H1B Status Valid - 2010.

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  • coopheal
    08-01 09:44 AM
    Tell me what I am doing wrong here:
    Clicked the link - Forgot Your User ID or Password ?
    Entered my userid and email address and Clicked Submit.
    Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
    I do not remember this.


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  • gg_ny
    07-27 11:45 AM

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.

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  • kaisersose
    05-29 11:57 AM
    Thanks for your response kaisersose.
    I understand I can switch jobs with my EAD.

    I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?

    KC INdian

    Three steps,

    1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.

    2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.

    3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.

    Easier said that done PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.


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  • a_yaja
    03-07 03:34 PM
    My current H1 stamp is for company A.

    Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
    Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.

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  • Libra
    11-15 02:08 PM
    bumping the thread.....anyone out there to join MN state chapter?

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  • bp333
    10-29 03:38 PM
    Thanks much for all your suggestions..i will inform lawyer about this.,

    Hi PDCOT05,

    You should be OK, I am aware of same situation and they accepted the refiling.

    Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..

    07-17 01:46 AM
    How can we sleep? OMG, the wait is excites all my nerves...

    03-24 12:31 PM
    If Total 290000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 43500 43500 101500
    India NMT10% 29000 29000 29000

    This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?

    If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.

    Total 770000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 115500 115500 269500
    India NMT10% 77000 77000 77000

    I may be totally wrong here. Please clarify me if I am wrong

    Am I missing something here? Please clarify

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