Thursday, June 30, 2011

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  • Photogenius
    04-17 08:47 AM
    like the blurred japanese letter at the back




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  • dohko
    04-07 01:57 PM
    Well I have a BS and MBA with 1 year of experience in my current company. And they're not willing to do MBA+0. So I guess Eb3 is the only option.
    Both degrees are from a US university.




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  • LostInGCProcess
    09-11 03:31 PM
    Google "Cronin Memorandum" and you will get lot of information with regards to H1 and AP.




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  • rkm
    07-20 10:48 PM
    Let us poll here only for Texas Service Center 02-July filers and find stats to estimate the timeline



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  • whattodo21
    04-19 10:50 AM
    this is good information, thank you.

    Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)

    "Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."

    As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.




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  • BNB326
    08-20 10:11 PM
    Any other option available in this condition.

    Thank you



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  • RadioactveChimp
    05-02 09:26 PM
    nice! actually that's pretty creative!




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  • gc_chahiye
    07-23 03:54 PM
    Do we need to follow any process to convert from H1 to EAD? Or just apply for jobs using EAD?

    you can apply for jobs using EAD, when you join the company on the I-9 form note that you are on EAD and provide the details there.



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  • kaisersose
    08-22 06:02 PM
    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help

    Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.

    if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.




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  • Green_Always
    07-28 08:20 PM
    fyi

    Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)



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  • hiren_vataliya
    05-30 05:42 AM
    Hi
    I am Hiren Working as software developer.
    I have resign from company last week,
    But company don't given me experience letter , relieving letter.
    company simply refused my request and said to not possible.
    In another company required this letter.
    Also Company using illegal pirated software to make product ..
    What i have to do?
    What action i should take for this?
    Kindly help me ...




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  • makemygc
    07-24 04:36 PM
    Hi,

    If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.

    I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.

    Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.

    Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.

    Please close this thread also as there are several threads with similar questions.



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  • humsuplou
    07-02 05:40 PM
    Tnks for the quick response. a couple more questions :D
    1) Eligibility Status?

    2)Please provide information concerning your eligibility status.

    Do I need to put anything in there? Or I can just leave it blank?




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  • imconfused
    06-29 08:09 AM
    my i-94 is abt to expire in 7.5 months time... due to passport expiry date, though my H1B is valid for 1+ more year...how soon can i renew my I-94,? I understand i have to renew my passport first in order to get the I-94 renewed.



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  • kirupa
    09-28 04:23 PM
    Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.

    The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx

    :)




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  • laksmi
    12-06 10:57 AM
    yes you can use AP, when you transfer your H1B to new company.



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  • sunny1000
    11-10 11:37 PM
    to be frank with you guys my friend have a good bank statment and business in his own country he wanna apply for a tourist visa and i recomended for him to have a hotels .... flight reservation but i am still confused about the purpose of the visit actually its not about the purpose its about his chance to get a visa he never been in the US never apply for a visa , dont have any relatives in the US he wanna try his chances to get a visa only ?????

    thats all , any insight :confused:

    All depends on convincing the consular officer that he will come back to India at end of the trip...




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  • coolgc
    05-14 01:05 PM
    As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -

    http://www.ilw.com/articles/2006,0119-eiss.shtm

    Thank you very much for the information and also for the very useful link.




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  • Roger Binny
    05-22 09:05 AM
    Which center your case is in, Nebraska ?




    stnkycheezman
    11-24 11:02 AM
    Need a web designer

    I'm looking for a web designer that could possibly help me redsign my website. I need him/her to be pretty familiar with Flash and animation.

    Website will contain:
    -photo gallery (photos provided)
    -video clips (videos provided)
    -community member profiles
    -membership "join" form
    -graphic effects
    -guest book
    -music/sound effects
    -a lot of animation and graphic motion

    The site will be formatted a little differently from normal sites, so be ready for a long explanation when you contact me. It's going to be a personal website and I have a fairly low budget. I need it to be $800 US or less. I'm fairly loose as far as a deadline is concerned. If you're interested, email me at stnkycheezman@hotmail.com. Hotmail has a tendency to block incoming email so you can also message me on AIM: stnkycheezman. If you'd like to take a look, my current website is OCFederation.com. Before I decide to hire you, you need to contact me so i can relay my ideas. You then need to make me a sample of the ideas that I give you, if I approve, you're hired. Before you continue, I should say that the task of fabricating my ideas will probably be a challenging one. This won't be an easy project, but if you can pull it off...it will be a good project to have in your portfolio.

    Thanks,
    Calvin




    austingc
    04-30 03:05 PM
    Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
    thank you wandmaker.



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  • s416504
    09-23 09:40 AM
    I mean stay on L1A (7 Year) with existing company. Apply green card through company B OR any other (For applying grren card, you don't need to be employee of that firm). Switch job as soon as you get I140 (premium process) approved from B company. If everything goes well, One year is enough to get I140 approval through premium process.




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  • Anders �stberg
    May 19th, 2004, 12:49 PM
    What do you think? Is this anything?

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  • Cheran
    04-14 05:24 AM
    This is an option given to me by my lawyer - I can change job within my company to a differenct category, even though Green Card Process has to be restarted, we can port the priority date. So it is an option....



    All,

    My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?

    Can anyone here provide some guidance or point him to the right discussion thread?

    Thanks!!!




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  • pa_arora
    07-31 05:14 PM
    Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.

    Please post ONLY approvals, LUDs, audits starting Aug 1.

    Good luck to all.

    Thanks



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  • mk26
    03-29 03:05 PM
    All,

    Anyone can give some input on this ?

    I have approved H1b renewal and my wife went to India and got h4 visa based on my approval, I have not stamped yet,

    since my wife already got the visa stamped, do you think I need to verify for PIMS ?
    or it should have been already verified .

    Any idea?

    Thanks




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  • fullerene
    12-17 05:21 PM
    core members:

    I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?



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  • roseball
    10-18 12:34 PM
    a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.

    Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension

    b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?

    You will get a 3 yr H1 extension

    c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?

    You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.




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  • Ann Ruben
    04-23 06:39 PM
    This depends on the quid pro quo for the equity shares. Are they being given to you in exchange for a passive capital investment in the company or as compensation for work you have performed or are performing?



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  • atlfp
    04-13 09:13 PM
    http://www.nytimes.com/2006/04/13/washington/13cnd-bush.html?hp&ex=1144987200&en=5eab38dfea15243e&ei=5094&partner=homepage

    If he really wants a plan, why would he want to irritate Democrats on this issue so much? What if the house democrats become so pissed off and block the vote in the house?




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  • americandesi
    10-26 04:14 PM
    There's no requirement for a person to be present in US while PERM or I-140 is getting processed.

    During the AOS stage, a person may opt for Consular Processing or I-485. The former doesn’t require any presence in US whereas the latter does.



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  • CRAZYMONK
    04-26 08:41 AM
    When you applied for the second time in New Delhi, did they hold your passport?




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  • Suva
    07-18 04:15 PM
    Close this thread immediately.



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  • perm2gc
    04-20 10:15 AM
    Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.

    I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
    It seems to discuss reg. using AP to enter the country and maintaining H status.

    Not sure if anyone here has done the extension of H4 after using EAD.


    Cronin memo:

    Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)

    Appreciate any comments reg. this,

    There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.




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  • lonedesi
    08-05 12:18 PM
    We will not see any approvals unless we act togther and campaign for our cause. Please join us. More details at
    http://immigrationvoice.org/forum/showthread.php?t=20657



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  • mugwump
    01-14 03:00 PM
    I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??

    I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.




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  • buddyinus
    08-11 01:55 AM
    I buy your words, I think they are working half day on saturdays

    Guyz just chill!!! How doz it even matter...Nothingz in our hands now...V have done our bit and let us let them do their bit. One shud appreciate the USCIS' efforts to bring about a temporary solution to the long wait. Atleast things r happening.

    Guyz, this Friday (i.e today) therez a new awesome Hindi movie which got released and itz called Chak De India. Watch it ... as its inspirational. Cheers...CHAK DE INDIA...CHAK DE IV !!!



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  • Blog Feeds
    06-10 06:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.

    USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS.

    Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.

    Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.

    ***All information has been taken from USCIS.GOV





    More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)




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  • desi3933
    07-09 11:57 AM
    Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?

    Yes. As long as I-140 is not canceled or revoked.


    ___________________
    Not a legal advice.




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  • EkAurAaya
    08-18 10:21 AM
    i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
    also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)




    newbie2020
    06-23 11:53 AM
    I agree , We have a lot of Professionals among us and such activities will certainly help.

    Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate

    Any thoughts




    kalyan
    06-23 12:50 PM
    Those who are on h1 cannot do that as IV is not employer for H1b.

    Who are on EAD and above line can do it.

    Its my thought.



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  • h1vegas
    06-29 07:37 PM
    Me and my wife are July 2007 filers. We applied for Ead renwal.
    My wife started her own business and opened a LLC.
    Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
    My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD

    Pls let me know
    thanks




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  • rbashir
    02-16 10:54 AM
    If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).

    You should contact your immigration attorney right away.

    But what about extension based on appeal




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  • ya3
    04-22 07:44 PM
    It looks really good :) Have you considered adding a monetary value for the stamp? If not, I'll add it up like this.
    Nah... just add it as it is:)




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  • shreekhand
    02-22 09:33 AM
    :) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.



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  • gullu786
    03-24 03:42 PM
    Hi,
    Do we need to state the reason for canada visit as tourism or state the true objective (ie get a H1B Visa stamping)? My US F-1 visa has expired, so it would be obvious that I cannot return without a new US Visa?

    Thanks
    gak




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  • pappu
    04-07 04:59 AM
    Check news article thread first post and modify the text. We would prefer everyone writes a simple post in their own words. It does not need to be long. For more details they can look at IV site.



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  • nozerd
    03-27 02:42 PM
    Hi,

    Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?

    I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?

    Thanks




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  • tonyHK12
    11-05 11:23 AM
    Does that not indicate a problem that needs to be fixed instead of ignored as you have done Philip Wolgin?


    Good job Philip Wolgin, completely ignored the Employment based category haven't you?

    Lets just build the future of the country with school kids, uncles, aunties, refugees and farmers.
    Who needs Intelligent and skilled workers anyway that can speak out against such stupidity.



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  • sodh
    07-27 12:23 AM
    If he could fix everything we would'nt be in trouble.
    By the way his name is Prakash , if it registers in someones head.




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  • diptam
    07-28 06:02 PM
    The Job description that my employer used in LC a little different than my actual skills - i mean say the LC job desc is "Java-Jsp-Servlets -XML" and my actual desc is "Oracle - Datawarehouse - XML "

    Do you think USCIS with reject my case because i changed my Employer ????

    Thanks

    My friend used AC21. He switched jobs after 6 months of filing for 485. He had a query on his 485 seeking experience letters for previous and current employment. He filed those and his 485 approved.



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  • gctoolong
    12-06 08:12 AM
    I am starting a new thread for guys from india with pd 2006 eb3...please do share your updates and thoughts......

    pd feb 2006 eb3 india
    i-140 nov 2006
    i-140 approval june 2007
    i-485 filed august 13th 2007
    rd october 9 2007
    ead approval oct 15th
    ap approval oct 17th
    finger printing code3 nov 21st
    name check,security clearance and background checks completed october




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  • Blog Feeds
    11-30 03:21 AM
    People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.

    A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.

    As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.

    Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.

    Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.




    More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)



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  • jonty_11
    07-06 04:36 PM
    I think it means if you sent in your application then you can get a receipt by the date listed.
    Atleast thats the interpretation I got from it.
    sent in ur application by when? waht must the receipt date ?




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  • mheggade
    07-25 01:47 PM
    add August to this poll



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  • gimme Green!!
    08-02 03:28 PM
    This will be good to showcase the need for talent (read as speed up reforms)




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  • leonqiu
    03-06 01:37 PM
    Gurus, business in my company is getting really slow and everyone is saying that some sort of lay-off is imminent. Although I am actively looking for new job, I find that the timing issue is hard to deal with.

    My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?

    I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.

    Thanks,



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  • sathishav
    05-12 02:33 PM
    Yes, you can GC is a future job. So its definitely possible.




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  • sam2006
    09-21 03:03 PM
    Guys
    i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..

    all the RN from SRC...

    any one on the same boat




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  • Android
    03-03 02:01 PM
    Krishna:

    I once fell out of status because I failed to maintained 12 units. I filed for reinstatement and it was approved after 2 miserable years. I had no idea why it took them that long but in those 2 years I felt my life was put on hold. Good news, yes they do approve if you file however you have to have a good reason in your letter to convince them to reinstate you. Goodluck
    Android




    ItIsNotFunny
    04-19 10:34 AM
    I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.
    On contrary most of India - China are before Aug 2003 as of results of poll now!




    imconfused
    06-29 08:17 AM
    the I-94 stapled to my passport says 20feb2008, since my passport expires on the same day. dont i have to get a new I-94? though 797 is valid more than 1 yr?