Saturday, June 25, 2011

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  • spicy_guy
    04-26 12:24 PM
    we live in Chicagoland. PM me if you would like to talk.

    Hi Evildead,

    Can you check your PM pls?

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  • shishya
    09-27 12:43 AM
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.


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  • lifestrikes
    02-11 10:06 AM

    Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.

    Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.

    Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.

    U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.

    Link (

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  • immi_seeker
    09-13 12:46 PM
    EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.

    As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.

    "hate the game, don't hate the playa....Chris Rock" is appropriate here.

    Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.

    We are all in this together. We all need to stay together.

    Agree. Problem has been with some folks saying the spill over distribution should be changed. But nobody is sure whether it will help EB3I because on a vertical roll over scenario, the spill over will only help EB3 ROW as they have huge backlog too. So attitude seems to be, we are in this boat, so why not we make sure you guys will also be in same boat eventhough the change doesnt help us. And thats where the problem lies


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  • bkarnik
    04-18 09:21 AM

    Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website

    I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.

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  • Rakson
    02-28 10:25 PM
    A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

    B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

    C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

    Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)

    roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.

    roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..

    Again thanks for your help..


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  • mhathi
    01-08 09:08 AM
    I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.

    This was for my H1 and my Spouse's H4 visa.

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  • bigboy007
    12-10 01:59 PM
    In any fashion of THese threads everyones comment :

    "which should match/similar to your GC labor"

    WHich is a very generalized statement.

    I am in this boat : Please advice me on the options:

    1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.

    2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.

    3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".

    Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?

    Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.


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  • krishnam70
    02-22 09:40 PM
    Hi Kris,

    Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.



    I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE

    Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO

    If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..

    good luck

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  • hopefulgc
    08-07 09:18 AM
    I have already filed on July 2nd.
    i am sending my spouse's in the next few days.
    I am doing:
    i-485 - $ 325 + $70
    i-131 - $170
    i-765 - $180

    using FEDEX delivery
    to the following address:

    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    If anyone think that I am wrong, please correct me.


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  • pan123
    09-17 03:30 PM

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.

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  • desi485
    02-01 12:19 PM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.


    Congratulations! Don't forget to check this Wiki ( for things to do now....

    Wish you good luck, and very happy for you. I wish all others good luck too.:)


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  • wait_2010
    07-25 02:39 PM
    I believe people who suggest that they follow career before GC are right to an extent. But to me the you have to chose..losing freedom to chose ur employer vs losing one career oppoertunity ...If u have GC you can chose from other opportunities and surely there will be plenty..Especially u r close to GC, it might be worth the risk and wait to get GC..even if u get an EAD , it will make life simple for ur wife and urself as she can get a job in any place and any employer and u will have the same option...Nothing beats freedom...
    It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...

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  • breddy2000
    09-18 07:43 AM
    I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
    They do get the GC very fast.I know one of my frnd who did this.
    He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
    I do not know if any other details apart from this.


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  • bestin
    10-09 01:19 PM
    Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.Labour is approved.I140 is something more related to the employer.He is in status currently.As long as he applies everything soon (by chance he goes out of status.I mean his H1B transfer) he is safe as he can goto AOS.

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  • perm2gc
    10-27 07:09 PM
    I have applied for my H1B extension in july and got the approval in Aug...:D


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  • hemasar
    06-22 09:38 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present

    My colleague told me that he took only chest X-ray and not done skin test he got his GC.

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  • capriol
    04-15 02:49 PM
    Dear Friends:
    I would appreciate if someone could answer these 3 questions for me:

    As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.

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  • hopein07
    02-09 10:26 AM h_govt/articleshow/1586856.cms

    Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.

    We must try Gandhian approach of appealing to their innate sense of justice.

    Only President bush can do something if somehow he can be convinced.


    From NDTV :

    Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.

    Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.

    The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.

    However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.

    ''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.

    ''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.

    The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.

    However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.

    But Mathew said BAPIO will not take any further legal action.

    ''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''

    The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.

    But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.

    Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.

    Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.

    ''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.

    The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.

    03-18 04:24 PM
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
    I have no idea what the deal is with the H1- Why it was denied.

    I suggest you talk to your senator's office.

    07-20 09:18 AM
    I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?

    Search for one word - ImmigrationVoice

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