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  • anilsal
    11-30 01:09 PM
    Does anyone have any insight on this thing called "Last Action Rule"?

    Scenario:
    1) Visa stamp till Feb 28,2007.
    2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
    3) International travel, returning to the US on Feb 3.

    Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".

    Reference: http://www.murthy.com/news/n_cosapp.html

    Has anyone gone through this?
    Basically the idea is that the person has to get a new H1B stamp when in India for the extension.





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  • iptel
    02-28 04:17 PM
    Sorry to say this kind of thread is making this site loose its purpose. Urging admin to remove such thread and discourage from future occurance.





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  • go_guy123
    12-25 04:31 PM
    I am getting mentally prepared for much much longer wait.
    Thanks

    meaning you are also planning to marry a US citizen....nothing wrong
    This trend will accelerate more in years to come.

    When i first came in 1999 marrying us citizen was sort of heard of by IT folks.
    by 2003 i was coming across so many cases of marrying us citizen.

    among non indians its very common resulting in their PD being more recent.
    In fact my friends who went for marrying citizen ...are way better placed in life.

    It become so hard to marry from india now with contract jobs lasting short time and salary being so low after cut form h1b vendors. eventually teh pain will reach the point of yield.





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  • lazycis
    12-20 12:49 PM
    My understanding is that I-140 has to be approved to interfile. That's how it used to be anyway (you could not file I-485 concurrently). Anyway, interfile is not automatic so why the lawyer cannot file a second I-140 is beyond my understanding. Interfile exists so that you do not have to refile I-485, but it's up to you whether you want to do it or not.



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  • EndlessWait
    02-07 11:31 AM
    and still waiting





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  • optimystic
    02-15 09:01 PM
    Ok, so my PD got current (EB3 India). What next?

    1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?

    2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
    (Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )

    3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.

    4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?

    --- Receipt date of I-485 application OR
    --- Date when the application is opened for adjudication following the PD becoming current for that person OR
    --- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?

    5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....

    6)Should I be watching out for any LUDs this month or don't even bother until March


    I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc

    Thanks in advance.



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  • pappu
    11-28 07:33 PM
    Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)

    It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.

    I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!

    Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!

    Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!

    Congrats.





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  • Scythe
    04-03 06:14 PM
    Well, I guess you never know what to expect with this site.



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  • leo2606
    08-18 10:25 AM
    piyu7444

    please post how you are proceeding with this matter.may be helpful for someone.





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  • chanduv23
    07-13 01:57 PM
    A RALLY IS BEING ORGANIZED IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
    DONT WASTE TIME ON NEGATIVE ENERGY.

    http://immigrationvoice.org/forum/showthread.php?t=10086



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  • telekinesis
    05-21 11:40 AM
    No rush, if you don't get it done till Sunday/Monday no big deal. I understand if you will be busy over the weekend.





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  • bomber
    08-16 03:47 PM
    I think my original question still remains unanswered.

    1. I do not have my I-485 receipt notice(I do have the numbers though)
    2. I do not have EAD/AP(Employer did not let us apply)
    3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.

    Can I invoke Ac21 somehow?



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  • SunnySurya
    07-14 08:33 PM
    I don't think this correct. In april the dates were in June
    Hello,

    I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    12/15/2007 Status - 04/24/2007
    01/15/2008 - 07/19/2007
    06/15/2008 - 07/28/2008

    Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).





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  • ras
    05-22 02:35 PM
    my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single

    I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.

    If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.

    I have a fall back to EAD though based an approved 140 and 180 days past 485.

    But how do I get the spouse then???



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  • brb2
    10-01 04:22 PM
    The US fell in rankings primarily due to the Iraq-Afghanistan war which has cost $500 Billion to date and which contributed to the federal deficit. In addition to deterioration in the fiscal deficit, the trade deficit of around $60 billion each month is a huge risk to the US economy and could result in a sudden and large fall in the value of the US dollar. The ony reason that the trade deficit has not affected the US is because of the 70-90 billion that flows monthly in to the country through investment in treasury notes and the stock market. However in the long run either Europe and Asia have to consume more or Americans have to save more and not depend on the financing by the rest of the world. In the case of India, the public sector deficit which is a net negative to the Indian economy is draining the life blood of the economy and will be a long term drag on the economy particulary in areas such as water supply, electricity and other infrastructure such as roads and ports unless the public sector is made more efficient or it is privatized. With the left playing a larger than life role in Indian Politics, things may not change much in the short to medium term.

    Here is the summary from the W.E.F. regarding the rankings:


    The Global Competitiveness Report 2006-2007: Country Highlights

    • Switzerland is number one in The Global Competitiveness Report for the first time, reflecting the country’s sound institutional environment, excellent infrastructure, efficient markets and high levels of technological innovation. The country has a well developed infrastructure for scientific research, companies spend generously on R&D, intellectual property protection is strong and the country’s public institutions are transparent and stable.
    • The United States, previously in first place, continues to enjoy an excellent business environment, efficient markets and is a global centre for technology development. However, its overall competitiveness is threatened by large macroeconomic imbalances, particularly rising levels of public indebtedness associated with repeated fiscal deficits. Its relative ranking remains vulnerable to a possible disorderly adjustment of such imbalances, including historically high trade deficits.
    • As has been the case in recent years, the Nordic countries hold prominent positions in the rankings this year, with Finland (2), Sweden (3), and Denmark (4) all among the top ten most competitive economies. The Nordic countries have been running budget surpluses and have lower levels of public indebtedness on average than the rest of Europe. Prudent fiscal policies have enabled governments to invest heavily in education, infrastructure and the maintenance of a broad array of social services. Finland, Denmark and Iceland have the best institutions in the world (ranked 1, 2 and 3, respectively) and, together with Sweden and Norway, hold top ten ranks for health and primary education. Finland, Denmark and Sweden also occupy the top three positions in the higher education and training pillar, where Finland’s top ranking is remarkable for its durability over time.
    • Germany and the United Kingdom continue to hold privileged positions, ranked 8th and 10th, respectively. In the areas of the safety of property rights and the quality of the judicial system, Germany is second to none. By contrast, both countries score poorly for their macroeconomic environments, though Germany does less well. In both cases public sector deficits and rising levels of public indebtedness as well as a strengthening of the currency in both countries in 2005 are the main causes of this. The United Kingdom excels in market efficiency, enjoying the most sophisticated financial markets in the world. Its flexible labour market and low levels of unemployment stand in sharp contrast to Germany, whose business community is burdened with sclerotic labour regulations. But Germany does somewhat better than the United Kingdom in innovation indicators and the sophistication of its business community is peerless.
    • Italy’s competitive position has continued on a downward trend, well established over the past few years, dropping four places to 42 in this year’s Report. The list of problems is long. Italy’s underlying macroeconomic environment is poor due to having run budget deficits without interruption for the past 20 years. The fiscal situation has deteriorated sharply since 2000 and public debt levels are well over 100% of GDP, among the highest in the world. The poor state of Italy’s public finances may itself reflect more deep-seated institutional problems, which are shown in low rankings for variables such as the efficiency of government spending, the burden of government regulation and, more generally, the quality of public sector institutions.
    • As in previous years, Poland remains the worst performer among the EU economies, with a rank of 48, right behind Greece (47) and well behind Estonia (25), the Czech Republic (29) and Slovenia (33), Central and Eastern Europe’s top performers. Particular weaknesses in Poland stem from the highly protected and rigid labour markets, particularly harmful in a country where unemployment is close to 18%. As in many transition economies, businesses have to deal with uncertainties stemming from weak institutions, corruption and crime, favouritism, an easily influenced judiciary and a weak property rights regime. Deeper reforms will be necessary if Poland is to increase productivity and stay competitive in the face of rising labour costs. Among the candidate countries, Turkey and Croatia both seem to have benefited from the "EU bonus", moving up impressively in the rankings by 12 places each, to positions 59 and 51, respectively.
    • Russia has fallen from its 53rd rank in 2005 to 62nd in 2006. The private sector in Russia has serious misgivings about the independence of the judiciary and the administration of justice. Legal redress in Russia is neither expeditious, transparent nor inexpensive, unlike in the world’s most competitive economies. A ranking of only 110 among 125 countries in 2006 suggests that it is time-consuming, unpredictable and a cost burden to enterprises. Partly because of this, the property rights regime is extremely poor and worsening. Russia’s ranking in this indicator during the last two years has suffered a precipitous decline, from 88 in 2004 to 114 in 2006, among the worst in the world.
    • Leading within Asia are Singapore and Japan, ranked 5th and 7th respectively, closely followed by Hong Kong (11) and Taiwan (13). These economies are characterized by high-quality infrastructure, flexible and efficient markets, healthy and well-educated workforces and high levels of technological readiness and innovative capacity. Malaysia, ranked 26th overall, has one of the most efficient economies in the region with flexible labour markets, relatively undistorted goods markets and public institutions which in many areas (e.g., rule of law, the legal system) are already operating at the level of the top performing new EU members.
    • Korea’s (24) performance is slightly more uneven than that of Malaysia. The country has already reached world-class levels in certain areas, such as macroeconomic management, school enrolment rates at all levels, penetration rates for new technologies and scientific innovation, as captured by data on patent registration. However, Korea continues to be held back by institutional weaknesses, both public and private, for which it has not yet reached the standards of Finland, Sweden, Denmark or Chile. Taiwan (13) continues to operate at a high level of efficiency but has dropped below last year’s "top-ten" status. It is an innovation powerhouse, with levels of per capita patents registration exceeded only by the US and Japan. It continues to excel in higher education and training indicators (ranked 7th overall) but, like Korea, its overall rank is weighed down by weaknesses in the institutional infrastructure.
    • India ranked 43rd overall with excellent scores in capacity for innovation and sophistication of firm operations. Firm use of technology and rates of technology transfer are high, although penetration rates of the latest technologies are still quite low by international standards, reflecting India’s low levels of per capita income and high incidence of poverty. Despite these encouraging results, insufficient health services and education as well as a poorly developed infrastructure are limiting a more equitable distribution of the benefits of India’s high growth rates. Moreover, successive Indian governments have proven remarkably ineffective in reducing the public sector deficit, one of the highest in the world.
    • China’s ranking has fallen from 48 to 54, characterized by a heterogeneous performance. On the positive side, China’s buoyant growth rates coupled with low inflation, one of the highest savings rates in the world and manageable levels of public debt have boosted China’s ranking on the macroeconomy pillar of the GCI to 6th place – an excellent result. However, a number of structural weaknesses need to be addressed, including in the largely state-controlled banking sector. Levels of financial intermediation are low and the state has had to intervene from time to time to mitigate the adverse effects of a large, non-performing loan portfolio. China has low penetration rates for the latest technologies (mobile telephones, Internet, personal computers), and secondary and tertiary school enrolment rates are still low by international standards. By far the most worrisome development is a marked drop in the quality of the institutional environment, as witnessed by the steep fall in rankings from 60 to 80 in 2006, with poor results across all 15 institutional indicators, and spanning both public and private institutions.





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  • Canadian_Dream
    01-24 04:57 PM
    I never said school can force her to maintain F1. All I said was if she wants to be on F1 (for whatever reasons) she needs to comply with school's policies. Also her maintaining or not maintaining F1 is immaterial to her legal immigration status in the country (which is safe by the virtue of pending I-485) it is just that she will cease to be on F1 status (her current non-immigrant status, just obtaining EAD doesn't mean she has abandoned F1 status, she needs to use it)
    Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.

    School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.



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  • razis123
    01-17 08:57 PM
    yes..got laid off and now in the job hunting...i believe everyone has to bear the brunt of the lies of the wars





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  • vgayalu
    04-04 10:46 AM
    IV core guys need not to worry about any kind of comments.

    There will be barking dogs always behind an Elephant.

    We support IV Core Guys. Go ahead.





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  • bomber
    08-07 07:17 PM
    Call USCIS and get your reciept number. Simple as that.


    Got the receipt numbers already, was worried about the physical receipt notice.





    pani_6
    11-28 03:56 PM
    I am not sure when the CIR will pass...its not on Nancy Pelosi aganda in forseeable future... and several people already mentioned that if it didnt pass by MAY07 then you are looking at Jan 09 to get immigration stuff to happen...

    I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...

    Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...

    Unless we act desissively now...its going to be a long way to 2009..





    logiclife
    06-30 11:07 AM
    (7/1/2006)UPDATE

    THERE WILL BE ANOTHER INTERVIEW NEXT WEEK ON JUL 8TH (Saturday), ON LEGAL IMMIGRATION ON SAME CHANNEL AT 4:00 EST ON SAME PROGRAM "COURTYARD" on KPFK. PLEASE SEE BELOW ON THE DETAILS AND VARIOUS OPTIONS TO LISTEN INTO THE PROGRAM AS WELL AS CALL-IN FOR QUESTIONS/COMMENTS. TODAY'S INTERVIEW WENT WELL AND WE THANK STUART, RAJIV AND CARL WITH PROVIDING THEIR INSIGHT ON THIS ISSUE

    ----------------------------------------


    (6/29/2006):
    4 Immigration Voice members and 3 law and policy experts will be in a exhaustive live interview on Radio this saturday(Jul 1st) between 4:15 EST and 5:00 EST. The Radio station is Pacifica Radio for Southern California (http://www.kpfk.org/), which is broadcast in CA, TX, FL etc and a few dozen affiliates. Reportedly, it has a million regular listeners.

    Most likely, the host may open up phone lines to invite listeners to chip in with opinions or questions, so that is also an opportunity for everyone to make their opinions/displeasure over current immigration limbo heard by everyone.

    The name of the program is The Courtyard (http://www.kpfk.org/index.php?option=com_content&task=category&sectionid=16&id=182&Itemid=79&lang=en)

    Another interview in the same series will be on the following saturday July 8th between 4:00 and 5:00 EST.

    On the panel:

    Stuart Anderson ( Policy Expert, www.nfap.org (http://www.nfap.org) )
    Carl Shusterman ( Immigration lawyer, www.shusterman.com (http://www.shusterman.com) )
    Rajiv Khanna ( Immigration lawyer, www.immigration.com (http://www.immigration.com) )
    Aman (IV)
    Ashish (IV)
    Swadha (IV)
    Jay(IV)

    Interview by
    Debo Kotun

    How to listen:

    Sister Stations:

    KPFA (http://www.pacifica.org/stations/#kpfa) (94.1 FM in Berkeley) www.KPFA.org (http://www.kpfa.org/)
    KPFK (http://www.pacifica.org/stations/#kpfk) (90.7 FM in Los Angeles, 98.7 FM in Santa Barbara) www.KPFK.org (http://www.kpfk.org/)
    KPFT (http://www.pacifica.org/stations/#kpft) (90.1 FM in Houston) www.KPFT.org (http://www.kpft.org/)
    WBAI (http://www.pacifica.org/stations/#wbai) (99.5 FM in New York) www.WBAI.org (http://www.WBAI.org)
    WPFW (http://www.pacifica.org/stations/#wpfw) (89.3 FM in Washington DC) www.WPFW.org (http://www.WPFW.org)









    Affiliates and Internet Stations:


    All the local Affiliates (http://www.pacifica.org/stations/affiliates/) of KPFK Pacifica.


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