Monday, June 13, 2011

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  • sameer2730
    11-15 12:52 PM
    You can travel back to USA from CANADA or MEXICO if you have a expired I-94 and a h1B which is valid while you are travelling (Its called Automatic Revalidation) if you are returning within 30 days and have not left the above mentioned countries during that period . I did it. Please do not give over your I-94 at the border or airport if asked. Let them you are returning in 30 days. However make sure you have copies of all your previous H1b and spouses H4b if any. My wife had converted from H4 to H1 3 years ago but has changed a job since. The customs officer at the border wanted to see her previous H1b.

    Also you can take an appointment in BAHAMAS. I know a lot of people who got stamps from there. I think but am not sure , you do not need a visitor VISA to bahamas if you are a candian permanant resident.

    About the Automatic Visa revalidation mentioned in the first paragragh its very clear and well known law. So 99.99% nothing will go wrong. Just try to travel by road (I have heard airport customs officers are not that familiar). Also travel along a busy border like Rainbow bridge . They know the law more in such places.




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  • justin150377
    06-22 01:35 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




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  • meridiani.planum
    11-21 01:47 AM
    Meridiani.planum.... Thanks for your reply....
    Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?

    There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
    - I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
    - RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
    Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".

    As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.

    bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.




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  • tmskhan
    05-25 02:18 PM
    thanks dude..

    if you don't mind, can you please answer few questions?

    Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?

    Could you list out documents you carried for stamping?

    Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.



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  • boldm28
    06-17 08:27 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    you got that rite buddy




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  • bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.



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  • yabadaba
    06-26 12:22 PM
    whats our stance now...do we want it to pass or not? have any of the ammendments that help the EB cause been incorporated?




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  • NKR
    06-04 05:02 PM
    They might not send one to you if you request over the phone, this is for your own security since you keep hearing about cases where personal identity is stolen. If you have an online account, log in and send a request from there, they might send it to your email for a nominal fee though I am not sure. I got mine from Bank of America for 10$



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  • paskal
    12-22 10:16 PM
    Mark you calenders/palms/outlooks etc

    AND

    watch this space for details on calling in

    AND

    let us all know if you can attend

    Thanks!




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  • nashim
    09-03 09:01 AM
    Yes, medical forms been changed. Please refer USCIS site for correct form. It is valid for one year but form should be correct.

    Here are the details:

    http://immigration-law.com/
    07/13/2008: USCIS Changes Old Medical Form, I-693, Invalid Date from 07/14/2008 to 08/01/2008
    � Medical form which the USCIS designated civil surgeon is required to use was initially revised on 04/08/2008, followed by the USCIS announcement that any I-693 form version earlier than 04/08/2008 should not be used by the civil surgens from May 1, 2008. In the middle of June, the USCIS released again new version form dated 06/05/2008 and announced that the old version other than 06/05/2008 should not be used effective 07/14/2008. July 14, 2008 is tomorrow. However, without a news release, the USCIS form site extended invalid date of forms earlier than 06/05/2008 to 08/01/2008. Please now note that "Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition," according to the form site instruction.
    � There was a confusion in June 2008 on the validity of older version form I-9 because the USCIS form site instructed that the older version was not acceptable from certain date. In Vancouver, the USCIS authority confirmed that the form instruction was an error and the USCIS form instruction has since been corrected. It will help tremendously if the USCIS releases an announcement that the current I-693 form instruction is indeed correct and the civil surgeons can use the I-693 forms which are older than 06/05/2008 version can still be used. In the meantime, the civil surgeons and the immigrants should check on the date of the medical examination with the I-693 form site to protect themselves from any changes. The form site indicates that the information was updated on June 26, 2008. One wonders whether the civil surgeons may be better off to start using the 06/05/2008 version form from even now just to avoid any confusion in the future. For the new form instruction as of today, please click here.
    � There was a report one time that the USCIS was experiencing a problem in notifying all the USCIS certified civil surgeons on the form changes by email or other means because some civil surgeons did not have email addresses or proper means to receive such notices quickly. When the 2008 Tuberculosis Technical Instructions for Civil Surgeons was implemented by the Center for Disease Control and Prevension of HHS in such a notice on May 1, 2008, it could have been practically impossible for the USCIS to notify such medical form changes timely to every single USCIS certified civil surgeons. Well, doctors, you now have until August 1, 2008 to comply with the new medical form!
    � This change can be important that because of the EB-2 visa number progression for the Chinese and Indians, a large number of these foreign professionals must have already scheduled or even completed a medical examination for themselves and their family members using the older versions. Under the new instruction, these medical report should be valid and filed with the I-485 coming August 2008. However, those who schedule their 485 medical examination on or after August 1, 2008 should make it sure that the doctor uses the new version dated 06/05/2008.



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  • amit79
    04-13 12:26 PM
    gconmind has nailed it perfectly.




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  • Alex
    05-30 10:13 PM
    i wish i would of noticed this battle earlyer, it would of been alot of fun.

    Soul has my vote.

    Good job everyone! :)



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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.

    Thanks.

    Amulchandra

    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
    kris




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  • InTheMoment
    07-12 01:36 AM
    Hang on mann! no need to jump to conclusions yet...



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  • days_go_by
    08-23 10:52 PM
    180K per BEC and 2 of them so 360K cases overall.




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  • theperm
    05-07 01:11 PM
    bumping up~



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  • rajesh1972
    02-18 02:31 PM
    I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.

    Appreciate your help in this regard.




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  • factoryman
    02-08 05:31 PM
    till Sept 2007. This is as read on another board.




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  • akilaakka
    07-11 02:10 PM
    My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.

    We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).

    Thanks
    Senthil.




    guygeek007
    07-22 08:41 PM
    Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.




    gclocker
    01-07 11:12 AM
    Hi All,

    I am a new user to this forum. I have been reading all the messages in this forum silently from the past couple of weeks. This is very interesting to see lot of efforts are going on to get the relief from the retrogression. I am also one of the victim for this. Here are my details.

    Labor PD: 19 Nov 2003.
    Labor Approved: 17 Nov 2005
    140 filed: 5 Dec 2005.
    AD???????



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