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  • Anil777
    04-06 10:54 AM
    Any help??

    Hello Braindrain...(sorry i dont know your original name)

    I am also in the same situation as u mentioned in ur post....my wifes passport and D.O.B has her mother's name - short name instead of Full name.
    would appreciate what you did in ur case and if u r able to provide the sample content of the affidivit that u prepared for ur parents....pls reply me back at the earliest at - anil.mattupalli@gmail.com as they have visa appointment in another 2 weeks...many thanks




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  • lostinbeta
    10-16 05:09 PM
    No problem :)




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  • satishku_2000
    07-30 02:10 AM
    If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.

    Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.

    If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.

    Yes if it gets rejected...u need to take an appointment in india and return to US.


    My friend and his wife went for h1b stamping in Ottawa canada last week. None of them have any "US degrees". My friends wife was changing her status from H4 to H1. This is second time for my friend in Canada.




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  • CantLeaveAmerica
    04-16 02:08 PM
    Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
    Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.

    Yep, dont worry about DL in texas, I renewed my TX license over the internet for 6 years, till 2013:)



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  • cpolisetti
    03-31 03:56 PM
    She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?

    Here is the link for todays Q&A:

    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html



    Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.

    I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?

    Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.



    Todays article:

    Most See Visa Program as Severely Flawed

    By S. Mitra Kalita
    Washington Post Staff Writer
    Friday, March 31, 2006; D01



    Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.

    They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.

    Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.

    But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.

    Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.

    Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.

    At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.

    Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.

    Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."

    In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.

    "If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.

    The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.

    Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.

    "Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."

    Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.

    It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.

    Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."

    Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.

    Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.

    Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.

    His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."



    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html




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  • rb_248
    07-16 05:22 PM
    Me too...it was posted 15th of June... This is not the July one :p

    That is why this GCKabhayega has so many red dots....



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  • deecha
    06-17 01:20 PM
    So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?

    He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.

    Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.

    As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.




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  • rahul98
    07-17 07:07 PM
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  • paskal
    11-09 12:23 PM
    calling on your high skills...iv is you and me...remember!!




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  • katrina
    01-04 02:52 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat


    I-539 is the request to extend or change the immigrant status,
    I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
    I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).

    My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.

    you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.

    Good luck.



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  • rvr_jcop
    03-27 12:51 PM
    I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
    I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.

    But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.

    pal :)

    Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.

    In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.




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  • kapoorg
    06-21 02:04 PM
    Hi,

    I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.

    Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.

    What should I do? My exit date as per I-94 is Aug,25th.

    Vinay,
    Can you please tell me how did you manage to get duplicate passport in such a short time?

    Regards,
    Gaurav Kapoor



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  • ajcates
    10-12 07:41 PM
    I didn't provide fireworks templates…




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  • WeShallOvercome
    08-01 05:23 PM
    Bump!!


    Old filing fee and form if filed by 8/17
    No negative side other than a few days delay for them to match it up against your I-485



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  • shalinip
    03-17 12:41 PM
    Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
    I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
    Here is my petition break down
    1-140 filed-May 2009
    !-485 filed June 2009
    EAD/AP Oct/Nov 2009
    RFE on 140 -Feb 9 2010
    Responded to RFE - Mar 11 2010
    Denial posted on Mar 15.
    Would filing the I-130 affect the refiling of I-140?

    Appreciate inputs provided




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  • abhijitp
    02-18 01:05 PM
    I didn't receive any confirmation from USCIS regarding interfiling.


    I have been trying to know this too... is interfiling guaranteed to work?? Or have there been examples it just got lost in the pile of applications at USCIS?

    Sorry to hear about your situation. Experts, please try to help bmeduru11!



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  • austingc
    08-06 03:28 PM
    Folks, Let us not use this forum for non-immigration matters.
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.




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  • Anders �stberg
    August 8th, 2005, 11:00 PM
    Great picture and tip! Would come in handy for me too as I'm not too keen on getting up early. :)




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  • psaxena
    06-30 01:13 PM
    When I asked my attorney she said no you cannot.. thats what I quoted here.

    Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)

    On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?

    This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.

    I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr Saxena

    Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

    Now on to the OP :-

    YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
    It would be a seperate case.

    It should not have any effect on your current H1 or 140.




    ThackeG67
    08-08 08:20 PM
    Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks




    GCNirvana007
    09-08 10:09 PM
    Got CPO on Sept 1st and nothing after that.

    Is this freaking normal :p



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