Sunday, June 12, 2011

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  • sledge_hammer
    01-15 12:44 PM
    Since when did the regime in China become "rouge"?

    This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.




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  • Saralayar
    05-21 07:59 PM
    Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
    Is it 120 business days or just week days?




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  • eb3retro
    03-05 09:15 AM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.

    no offense garfield, many of us here hate to give any suggestions/advice, if we see an empty profile. why dont you update your profile first. time and again many of us have asked many people who come up with a new thread first post asking advice for their individual situation, i would urge everyone here to stop advicing/suggesting anyone who does not have their profile complete. If this is what it takes to complete their profile, my vote is to enforce this.




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  • akred
    05-26 07:27 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.



    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)

    1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.

    2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.

    I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.



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  • dreamworld
    12-18 05:21 PM
    :confused:
    You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.




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  • nk2006
    11-12 10:15 AM
    Hi Connecticut members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.



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  • smuggymba
    03-16 10:39 AM
    My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
    If anyone has gone through this please respond. Thanks.

    pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.




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  • alseethis
    06-11 01:00 PM
    How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.

    Again, anyone seeing the same in other places...



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  • diptam
    07-05 08:56 PM
    I do NOT understand about AILA's lawsuit if the packages don't come back.

    But as long as you can reproduce the Originals you should be able to file
    485 again if your PD becomes CURRENT - Why Not ??

    Is there any law which says that unless you get back 485 rejected you can't
    file again. I dont think so.




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  • sagar_nyc
    03-07 03:42 PM
    I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.

    Again This is not a legal advice. Please consult to lawyer before leaving.

    Good Luck



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  • raminmd
    08-14 06:04 PM
    Hi guys, thanks for the replies...that is a touch reassuring

    I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?

    Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.




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  • kaisersose
    07-19 10:48 AM
    USCIS local offices no longer issues interim EADs. Go to immigration.com and and bring up July/August 2006 newsletter.

    You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.

    But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?

    I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.



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  • BharatPremi
    12-05 04:13 PM
    at Saturday's Meet and Greet in Texas..
    Please bring a farewell poetry to share..

    Thanks needhelp.




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  • urstruly
    07-27 03:32 AM
    Can somebody please respond????



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  • wandmaker
    12-02 11:30 PM
    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!

    As long as your (immigration) records are clean, I do not see any issues in COSing to B2 from H1B. You do not have to go into greater detail about your future employment. You just need to mention that you have some personal closing tasks and site seeing to do before leaving the US for good, it should fetch you 6 months.




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  • royjonny
    06-19 12:35 PM
    I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
    I also do not have the LCA for Perm filing.
    My 485 has been filed more than 6 months ago.

    I do have the new I797 (till 2010) for my H1B extension from my current company.

    1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

    2. Is I140 required to do EAD extension ?

    3. What are the consequences of not having an actual I140 copy with new employer in future.?



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  • krishnam70
    05-06 04:29 PM
    Hi Morchu,

    Thanks for you reply.

    Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...




    But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.

    Thanks again Morchu for your responses.

    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?

    -cheers
    kris




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  • leo_loco
    10-21 08:31 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!




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  • frostrated
    09-08 05:11 PM
    I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
    why? any reasons?




    qualified_trash
    11-09 03:47 PM
    if you received the notice, then it is probably a courtesy notice. USCIS will only send the actual approval notice to your lawyer. so wait for the lawyer to let you know.




    AtulKRaizada
    07-18 06:12 PM
    A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.

    Welcome to the world of white collar politics.:)

    This is ridiculous, there is a saying that even a mom doesn't feed her own child unless he cries.

    I strongly feel that we should make a genuine effort.



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