Wednesday, June 22, 2011

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  • sratlanta
    06-16 01:12 PM
    I'm E-filing my ead newal. My status is

    I'm on H1B with wife being on H4. We both are July'07 filers and received EAD and AP last year.

    We both went to India and used AP's while we came back as we had no Visa stampings on our passports. After returned to US, I'm back on H1 and never used EAD.
    Our H visas will expire on 07/30.

    While filling the I-765 application, I thought we both should put in 'PAROLEE-PAR' for Question(14) 'Manner of Last entry' AND H1(or H4) for Question(15) 'Current immigration status'.

    My attorney mentioned that I should chose PAROLEE-PAR for both questions as we didn't file for H extensions after returned to US using AP. Is this right.

    Thank you in advance for your help.

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  • sands_14
    07-26 02:22 PM
    The interview calls come at random 95% of the time.
    But does make you anxious as you could be among the 5 %.But if you know all details about your case,it should be fine.Just few clarifications,thats it.

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  • nkalpana
    02-01 01:27 AM
    Hi Prashant

    Nice to hear that you have finally received the passport. hope stuck_here also gets his passport.

    We are still waiting for the passport :-(


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  • ramus
    08-21 02:20 PM
    Carolina members please make it to DC.. We are working on renting bus so driving might not be a problem.. send me PM if you can make it.


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  • fuzzy logic
    07-18 03:28 PM
    Any other view points on this situation would be appreciated. Thanks very much

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  • harsh
    02-21 01:54 PM
    She gets new h1 in April 2007, applicable for Oct 2007.
    Her h4 is valid. She leaves on vacation to India in June and comes back.
    Any issues on coming back with fresh I94 .. on h4?

    She should be fine to return on H4 status to USA as long as she returns before october 1st (start date of her H1) as the H1b starts from October 1st. But if she returns after October 1st (when she is in H1 status) on a H4 visa then her status will revert back to H4.


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  • Prasad_FL
    08-10 11:43 PM
    I am in Miami/Fort lauderdale area.

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  • krishmunn
    04-18 01:00 PM
    First, I am not your "buddy" and secondly, I was referring to Online Degrees being valid and not to "experience" gained per se. If you can't be nice, try not to write because it will appear by all means that your degree is fraudulent ;)

    Ignore friend... getgreensoon1 is having tough time understanding the difference between "Education" and "Experience" . He thinks since both start with E they must be one and same ;)

    Irony is, someone talking about "prestigious" US Masters does not even know highschool english.


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  • PlainSpeak
    01-13 11:04 AM
    These numbers only reflect primary applicants, remember there are also dependants that also get counted against the cap.
    I would assume the pending apps count include all derivates app also. So the pending count is the final count pf pending apps

    The following caluclation was done using Demand Data Used in the Determination of the February 2011 Employment Preference Cut-Off Dates document as provided in IV forum.

    With EB2i having 13150 apps in pipeline as of Jan 2007 this load without spillover will be cleared in 13150/2800 = 4.5 years. Of course with spillover that number will reduce but how much i am not sure since i am not sure how much spillover EB2 is expecting. If you browse the forum you will come across posts of EB2 guys gigddly doing the calculation and predicting stuff about spillover count. They might be able to tell how much spillover is going to happen

    With EB3i having 54,850 apps in pipeline as of Jan 2007 this load will be cleared in 54,850/2800 = 19 years. Since EB2 will be using the spill over if any (as stated above) EB3 will not get spillover so 19 years is the final count

    Of course EB2 could become current and EB3 might get spillover visas but there is no gaurentee that more people will NOT apply in EB2. So that spill over route is closed

    Removing county count will through all the above cal;culations to the wind since older priority dates will get spill over visas but this comes with 2 caveats
    1. The fact that there is a real possibility of this happening in the first place since it is enshrined in the immigration law
    2. The fact that China and other countries wil not try their own advocacy to halt this as this would impact them most

    Retreving Unused visa from previous year.
    1. The chances of this happening are better than country cap removal but this needs legislation too and we know how congress is with immigration legislation
    2. But in case this happens
    - a. If it happens with caveats such as but not limited to US educated GC applicants or EB2 applicants first (Yes this is possible and is not something which will NEVER happen) EB3 will never get spill over because the retrogression happening currently will happen again down the line and a whole bunch of EB2 applicants will have first right over the visas. in that case EB3 caluclations are same
    - b. If it happens with NO caveats then the visa wil spill over to EB3. How many visas wil be based on how many were recovered in first place

    Of course all these calculation are not even talking about EB3 ROW demand. This demand if it increases will keep EB3 calculation to same (19 years for Jan 2007) or even worse

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  • prashantc
    01-31 11:50 AM
    Do not send wrong information.

    Moral of the story: GO TO INDIA FOR VISA VALIDATAION

    PIMS is not only for India it is applicable to all consulates around the world.

    Can you stay 28 OR "unknown number of " days in Canada, Mexico, London or Kenya waiting for passport?
    Hi, insbaby,

    Your input is very much appreciated. Lets do something constructive buddy rather than pointing at each other.. all of us suffer at some point. Let keep each other well informed with facts rather than shining with overheard stories just to be different. True, PIMS has been implemented worldwide, but I havent yet read first hand experiences of people waiting for a month for that reason. My observations may have seen not enough information, but they are not WRONG, I have facts. The reason I am expressing myself here is because I dont want anyone to go through the wait that we total uncertainty and rude customer service.

    All in all, the way PIMS was implemented didnt go smooth at least in India.

    Lets share facts rather than prejudices.

    God bless you.


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  • gc_lover
    06-26 02:58 PM
    you can staple passport copies . In my case I have 3 passport booklets and so had to put a clip binder to hold them.

    I have to buy milk tonite, can you tell me should I use plastic or paper? :)

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  • floridasun
    02-14 01:41 PM
    alibhashas - so are you switching or staying put with your
    Current company ? Reason I ask is I am in a similar situation and am
    Stuck at this same decision point !!


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  • abd
    09-12 03:18 PM
    Is the texas hearing on 31st one of the hearing these guys are talking about?

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  • chanduv23
    12-22 03:31 PM
    my hr is saying that extension is possible only 6months before actual expiration date. will the h1 transfer need to be in the 6 month window also?

    Transfer does not have to be in the 6 month window. Transfer can happen anytime. You can get upto 3 years based on approved 140. So go ahead and do it ASAP. Don't wait to get layed off. Keep all documents, copies, paystubs, w2s everything ready.


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  • WaitingUnlimited
    01-19 09:21 PM
    Easiest way to handle this is to file the tax with H&R Block.

    Just approach them with last pay check from your employer (which can indicate approximate total annual income) and explain them about your efforts to get the W2.

    They can prepare the SUBSTITUTE W2 for you and IRS will then screw your employer for not providing the W2.

    In my case, my previous employer failed to give W2 until March 31 (I called him 20 times and each time I was told that concerned person was not at the office).
    So I approached H&R and prepared substitute. But when I was about to file the returns based on it, I called my previous employer and told him

    "If you are not providing W2, not me but you and your company will be in trouble, because IRS will ask you the reason."

    I received W2 through fax in next hour!!.

    So keep trying and then approach H&R

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  • krithi
    04-15 06:23 PM
    I was in the same situation in 2007 when my GC was approved. I consulted with an attorney with Murthy law firm. He told me about 485-k and 180 days. Please google 485-K for more information.

    Immigration law 485-k allows a employment based primary or dependent to file for adjustment of status upto 180 days after start of unlawfull status. If the applicant entered US with Visa(i.e. applicant entered legally) and is prest in US. Please consult with the lawyer about validity of I-94 after your GC approval. As per my understaing As i-94 is based on H4 and H4 is not valid she is in unlawful status but I'm not a lawyer.
    Please be careful about the begin date of unlawful status. ONce 180 days are past your wife may not be eligible for 10 years!!.

    I got one PDF file from lawyer but unable to upload PDF or txt file so will paste the text recived from the lawyer. Hope this will be helpful.

    Apply for a H1B/F1 visa immediately, the only other option is to send her back to India and visit every 3 months till she is back here after 5 yrs.


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  • BMWX5
    01-19 03:01 PM
    Is this some desi consulting? can u post his name and address here plz

    All desi employers.

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  • ChainReaction
    02-24 01:58 PM
    Count me in too

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  • honeybee
    09-25 03:15 PM
    Yes, I like Rajiv Khanna, I have spoken to him in the past, he didn't sound like a money sucker, and he advised me for free regarding my case.

    Some more lawyers listed are here

    09-05 11:12 AM
    Absolutely not true!!! When you can change jobs even before getting the GC using AC21, there is no reason why you cannot jump to another job after getting the GC.

    If I get it, I wouldn't worry that much for the next 5 years.

    02-21 05:38 PM

    I had a similar sitiuation, i changed my jobs and got a RFE, My lawyer replied to the RFE, and now the case is back in cold storage...

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