الأربعاء، 15 يونيو 2011

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  • Jitamitra
    05-29 07:56 PM
    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.




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  • chmur
    08-01 12:45 PM
    Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .

    1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.

    2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.

    This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way




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  • pscdk
    08-30 08:06 PM
    Congratulations babu...good luck!




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  • willigetagc
    09-06 01:13 PM
    I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

    THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

    Everything else is Correct (address, DOB, A# etc...)

    GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20

    Awww, come on!!! stop cribbing. Here check out this link for some help. :D
    http://www.plasticsurgery.org/



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  • aadimanav
    11-02 11:06 AM
    exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .

    If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.

    The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.

    However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.




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  • gcny2006
    05-28 03:35 PM
    Talking abt running this site. I think IV should enforce a mandatory $15 per year for access to this site. In interest of full disclosure - I have been a free loader myself for a very long time but have realized its pointless if you are not helping the cause. The people who are visiting this site have one thing in common - They have a BIG problem and if they cannot make a SMALL contribution towards solving that problem this community has no use for them.



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  • ssa
    11-14 01:51 AM
    There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
    Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.




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  • vandanaverdia
    09-10 01:42 PM
    Trying to keep this thread alive....



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  • leoindiano
    08-28 02:56 PM
    apume,

    I am just asking why i lost my Donor Access? Not begging.

    They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.

    If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?

    No Accountability results in No Credibility.


    I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?

    Or is someone giving out the secret to a quicker GC in the donor forum?

    Or is there the address of the shop selling GCs?

    Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!

    Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.

    Don't gimme reds for this, it was only worth 0.02 - not enough for donation!

    Chill, Peace!




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  • TwinkleM
    07-02 02:55 AM
    My lawyer did receive the RFE for new H1 application.

    Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.

    But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).

    I personally want to go to neighboring country instead of home country as that would save lot of time.

    Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.

    Also,

    1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.

    2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?

    3) What are the chances of them disapproving my case?

    4) Am I allowed to take my U.S citizen kids along with me to the consulate?

    5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
    Canada - port of Entry thru road.
    Mexico
    India - Port of Entry in NJ or NY or Atlanta or Boston

    Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.

    Advices from the expert lawyers, senior & junior members is appreciated.

    Thanx in Advance



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  • gcpool
    08-29 09:12 PM
    On the application for renewal for EAD (online) there is question

    Current Immigration Status:

    IF a person is working on EAD so what should be selected.
    There is nothing that is close to saying (Pending I-485 or AOS)

    The options are

    A1"A1: AMBASSADOR, DIPLOMAT
    A2"A2: OTHER DIPLOMATIC OFFICIALS
    A3"A3: ATTENDANTS OF A-1, A-2
    AS"AS: ASYLUM
    ASD"ASD: ASYLUM STATUS DENIED
    AW"AW: RAW APPLIED FOR AT A PORT
    B1"B1: TEMPORARY VISITOR FOR BUSINESS
    B2"B2: TEMPORARY VISITOR FOR PLEASURE
    BE"BE: BERING STRAIT ENTRIES
    C1"C1: ALIEN IN TRANSIT THROUGH U.S.
    C2"C2: ALIEN IN TRANSIT TO UN HQ
    C3"C3: FRN GOV OFF IN TRANSIT THRU US
    C4"C4: TRANSIT WITHOUT A VISA
    CC"CC: CUBAN MASS MIGRATION PROJECT
    CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
    CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
    D1"D1: ALIEN CREW DEPART SAME VESSEL
    D2"D2: ALIEN CREW DEPART OTHER VESSEL
    DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
    DE"DE: PAROLEE (DEFERRED INSPECTION)
    DT"DT: PAROLEE (DISTRICT/POE AUTH)
    E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
    E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
    E1"E1: TREATY TRADER/SPOUSE/CHILDREN
    E2"E2: TREATY INVESTOR/SPOUSE/CHILD
    EAO"EAO: EMPLOYMENT ADVISORY OPTION
    EWI"EWI: ENTRY WITHOUT INSPECTION
    F1"F1: STUDENT - ACADEMIC
    F2"F2: SPOUSE/CHILD OF F-1
    FUG"FUG: FAMILY UNITY GRANTED
    G1"G1: PRINCIPAL REP. FOREIGN GOVT
    G2"G2: OTHER REP FOREIGN GOVT
    G3"G3: REP NON-RECOGNIZED FOREIGN GOV
    G4"G4: OFFICER/EMPLOYEE INTL. ORG.
    G5"G5: ATTENDANTS OF G1, G2, G3, G4
    GB"GB: VISITOR WITHOUT A VISA 15 DAYS
    GT"GT: VISITOR WITHOUT A VISA 15 DAYS
    H1"H1: ALIEN OF DIST MERIT & ABILITY
    H1A"H1A: REGISTERED NURSE
    H1B"H1B: SPECIALITY OCCUPATION
    H1C"H1C: Nurse Relief
    H2"H2: TEMPORARY LABOR CERTIFICATION
    H2A"H2A: TEMPORARY AGRICULTURAL WORKER
    H2B"H2B: TEMPORARY NON-AG WORKER
    H3"H3: ALIEN TRAINEE
    H3A"H3A: TRAINEE
    H3B"H3B: SPECIAL EDUCATION TRAINING
    H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
    I"I: FOREIGN PRESS
    IMM"IMM: IMMIGRANT
    IN"IN: INDEFINITE PAROLE
    J1"J1: EXCHANGE VISITOR
    J2"J2: SPOUSE/CHILD OF J-1
    K1"K1: ALIEN FIANCE(E) OF USC
    K2"K2: CHILD OF K1
    K3"K3: SPOUSE OF USC
    K4"K4: CHILD OF USC
    L1"L1: INTRA-COMPANY TRANSFEREE
    L1A"L1A: MANAGER OR EXECUTIVE
    L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
    L2"L2: SPOUSE/CHILD OF L-1
    LZ"LZ: BLANKET L PETITION
    M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
    M2"M2: SPOUSE/CHILD OF M-1
    ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
    N8"N8: PARENT OF SPEC IMMIGRANT CHILD
    N9"N9: SPOUSE/CHILD OF N8
    NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
    NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
    NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
    NATO-4"NATO-4: OFFICIALS OF NATO_ION
    NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
    NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
    NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
    O1"O1: ALIEN W/EXTRAORDINARY ABILITY
    O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
    O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
    O2"O2: ACCOMPANYING ALIEN TO O1
    O3"O3: SPOUSE/CHILD OF O-1, O-2
    OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
    P1"P1: ATHLETE OR ENTERTAINER
    P1A"P1A: ALIEN WITH ATHLETIC EVENT
    P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
    P1S"P1S: SUPPORT PERSON OF P-1
    P2"P2: EXHANGE ARTIST/ENTERTAINER
    P2S"P2S: SUPPORT PERSON OF P-2
    P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
    P3S"P3S: SUPPORT PERSON OF P-3
    P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
    PAR"PAR: PAROLEE
    PI"PI: PACIFIC ISLANDER
    Q1"Q1: INTL CULTURAL XCHG VISITORS
    Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
    Q3"Q3: SPOUSE/CHILD OF Q2
    R1"R1: RELIGIOUS OCCUPATION
    R2"R2: SPOUSE/CHILD OF R-1
    RE"RE: REFUGEE
    RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
    RW"RW: RAW APPLIED FOR AT A US CO
    S1"S1: SPECIAL AGRICULTURAL WORKER
    S2"S2: SPECIAL AGRICULTURAL WORKER
    S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
    S6"S6: INFORMANT OF TERRORISM INFORMATION
    S9"S9: EMERGENCY FARM WORKER
    SDF"SDF: SUSPECTED DOCUMENT FRAUD
    ST"ST: STOWAWAY
    T1"T1: VICTIM OF SEVERE FORM OF TRAFK
    T2"T2: SPOUSE OF T1
    T3"T3: CHILD OF T1
    T4"T4: PARENT OF T1
    TB"TB: SPOUSE OR CHILD OF CAN. FR
    TC"TC: CANADIAN FREE TRADE AGREEMENT
    TD"TD: NAFTA DEPENDENT
    TN1"TN1: NAFTA PRINCIPAL (CANADA)
    TN2"TN2: NAFTA PRINCIPAL (MEXICO)
    TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
    TWO"TWO: TRANSIT WITHOUT A VISA
    U1"U1: VICTIM OF CRIMINAL ACTIVITY
    U2"U2: SPOUSE OF U1
    U3"U3: CHILD OF U1
    U4"U4: PARENT OF U1
    UN"UN: UNKNOWN
    V1"V1: SPOUSE OF LPR
    V2"V2: CHILD OF LPR
    V3"V3: DEPENDANTS OF V1 OR V2
    WB"WB: VISITOR FOR BUSINESS - VWPP
    WD"WD: WITHDRAWL (I-275)
    WI"WI: WITHOUT INSPECTION
    WT"WT: VISITOR FOR PLEASURE - VWPP




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  • nethawk119
    10-10 02:11 AM
    TSC sent back my appplication asking for revised fees last month. I am still waiting for the receipt. My lawyer sent back the application requesting them to accept the application since it was filed on July 2nd and is under the old fees.



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  • Ann Ruben
    07-05 09:02 PM
    It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.

    If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.

    Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.

    Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.

    I hope this information is helpful,

    Ann




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  • NNReddy
    08-26 02:30 PM
    My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
    Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
    Please clarify.



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  • vandanaverdia
    09-09 01:05 PM
    Calling all WASHINGTONIANS!!! Pls respond!!!




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  • thomachan72
    07-28 11:07 AM
    it is not easy as you think. Once you have this non renewable/non transferable stamp on the license you are stuck. For eg:- even if you stay in the state that issues that lisence (in this case Ohio), you will have to retake the whole test (computer + driving test) to even renew the lisense when your visa is renewed. You initially get the lisence only valid until the day of your visa expiry.
    bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.



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  • RDB
    08-16 05:12 PM
    Yes, this is part of the pre-adjudication process. No need to take an Attorney if your case is straight forward - but it really depends on you!

    Even though yours and your wife's interview time is different - they will call you together :)....just drop in both the Interview Notices together once in the room.

    Take all the documents that you can - both original and photocopies (don't worry if you don't have originals).

    We had our interview couple of weeks back and all the officer asked was for photocopies of EVL, W-2's along with Tax returns for last 3 years and birth Certificates.

    Hope this helps.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?




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  • coolmanasip
    05-29 01:30 PM
    Did you guys get a soft LUD before the RFE? How many days lag if any?

    Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?




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  • a.j.2048
    01-14 07:52 PM
    Here's one with an Indian connection collecting money for a Haitian NGO-

    Sewa USA | Service to humanity is service to God (http://www.sewausa.org/)




    nk2
    08-04 12:58 PM
    EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject

    jay75, if you want to can change it, go to edit post, advanced and change the subject




    RNGC
    04-08 09:38 PM
    As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....

    see a detailed notes on INA 202 here...
    http://boards.immigrationportal.com/showthread.php?t=240387
    (search for gclong1)

    I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.

    Is 7% per country is fair ?
    ------------------------
    Legal Immigrant Source Source:
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls

    (More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)

    Population Source:
    http://en.wikipedia.org/wiki/List_of_countries_by_population


    Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
    Total Population = 11,000,000 (11 Million)
    Total Population Percent = 0.17 %
    Legal Immigrants from Cuba to USA in 2006 = 45,614
    Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
    [(45614.0/11000000.0)*100.0 = 0.4146]

    India:
    Total Population = 1,131,264,000 (1.1 Billion)
    Total Population Percent = 17 %
    Legal Immigrants from India to USA in 2006= 61,369
    Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
    [(61369.0/1131264000)*100.0 = 0.0054]

    Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
    India has 0.0054 Legal Immigrants in US per 100 of their population

    What is the difference in percent ?
    (0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!

    India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
    (17.0/100.0) * 140000.0 = 23,800 EB visas ?
    (0.17/100.0) * 140000.0 = 238 EB visas ?

    Soon, USA will be Chindia!

    I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....

    My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.

    So, two issues need to dealt with for long term solution.
    1. 140k EB visas to be increased to 300k
    2. 7% per country needs to be changed (not sure what should be the criteria)



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