Saturday, June 11, 2011

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  • meridiani.planum
    04-21 01:12 AM
    But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.

    thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.




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  • jungalee43
    10-06 04:11 PM
    Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-

    DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)




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  • snathan
    02-25 10:58 AM
    They normally will give time to pack up. Last month one of my friend's colleague got rejected (I also knew her) and they give her 10 days to pack up. She is working for HP and she moved back to India.

    Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.




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  • HV000
    11-11 01:50 PM
    slightly offtopic:
    Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
    This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
    http://immigrationvoice.org/forum/showthread.php?t=14821

    visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)

    Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!

    My post is not intended to lighten the Armenian Genocide event.



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  • gcboy442
    08-26 10:28 AM
    Clockwork : Yes I am talking about LUD on approved
    I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....




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  • waitingmygc
    10-12 07:08 PM
    Please ask an attorney.

    why?
    If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.

    I advice you to consult a good attorney.



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  • myimmiv
    12-18 04:26 PM
    I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
    Thanks a lot truthinspector




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  • sayantan76
    06-01 06:55 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(
    you do not need to be on L1A to apply for EB-1 managerial as long as you meet the requirements of being a manager as per USCIS definition. also eb-1 managerial is not a self-file - it needs to be filed by employer.



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  • cbpds
    05-18 01:24 PM
    How about thread "lighten up"??? Although its not relevant to Immigration, it sure is a good thread that helps everyone to lower their blood pressure after reading visa bulletins and other Immigration hassles.

    There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day

    my 2c

    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.




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  • psk79
    05-27 01:12 PM
    The reason I am doing paper based is that current immigration question. In efile you have to make a selection which apparently doesnt have the AOS option. On paper based we can put, Adjustment of Status (I-485 Pending).



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  • needlotsofluck
    08-13 09:30 PM
    Hi,

    I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used.

    Thanks
    Ron


    It says on FAQ3:
    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.

    Please read the whole answer.




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  • rickys_in
    06-03 12:21 PM
    I am Confused Too -- Why Are People Sending DL and Passport Copies.
    It Clear Says do NOT send any Identification Copies Unless requested by USCIS

    I am not sending the DL and Passport copies.



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  • aperregatturv
    05-06 02:32 PM
    Congrats..

    Hey guys I got the mail today! I'm sooo happy!

    Thanks everybody that replied!




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  • beppenyc
    03-20 08:15 PM
    http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

    Q Okay. My question is, since 9/11, one of the key things that we need
    is immigration reform, including comprehensive immigration reform that is
    right now in front of Senator Specter's committee in the Judiciary. There are
    two principles I'm hoping that you would support: One, the good people, the
    engineers, the PhDs, the doctors, the nurses, the people in the system who
    have followed the rules, will go to the head of the line in any form of
    immigration reform. That's Title IVz of the bill.
    Secondly, the illegals who have not followed the rules -- I understand the
    debate, I appreciate your statements about immigration reform, but isn't it
    better that we know who they are, have them finger-printed and photographed,
    and allow some form of 245I to come back so --

    THE PRESIDENT: Tell people what that is. Tell people what 245I is.

    Q Okay -- 245I is a partial amnesty program that expired back in 2001,
    in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
    a small segment of the illegal population where they would pay the $1,000 fine
    and, for example, coming in illegally, then marrying an American citizen,
    could somehow legalize their status.

    THE PRESIDENT: Okay. Let me give you some broad principles on
    immigration reform as I see them. First of all, we do need to know who's
    coming into our country and whether they're coming in illegally, or not
    legally -- legally or not legally -- and whether they're coming in or going
    out. And part of reforms after September the 11th was a better system of
    finding out who's coming here.
    Secondly, we have a big border between Texas and Mexico that's really hard
    to enforce. We got to do everything we can to enforce the border,
    particularly in the south. I mean, it's the place where people are pouring
    across in order to find work. We have a situation in our own neighborhood
    where there are way -- disparities are huge, and there are jobs in America
    that people won't do. That's just a fact. I met an onion grower today at the
    airport when I arrived, and he said, you got to help me find people that will
    grow onions -- pluck them, or whatever you do with them, you know.
    (Laughter.) There are jobs that just simply aren't getting done because
    Americans won't do them. And yet, if you're making 50 cents an hour in
    Mexico, and you can make a lot more in America, and you got mouths to feed,
    you're going to come and try to find the work. It's a big border, of which --
    across which people are coming to provide a living for their families.
    Step one of any immigration policy is to enforce our border in practical
    ways. We are spending additional resources to be able to use different
    detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
    way, expand the number of agents on the border, to make sure we're getting
    them the tools necessary to stop people from coming across in the first place.
    Secondly, part of the issue we've had in the past is we've had -- for lack
    of a better word -- catch and release; the Border Patrol would find people
    sneaking in; they would then hold them for a period of time; they'd say, come
    back and check in with us 45 days later, and then they wouldn't check in 45
    days later. And they would disappear in society to do the work that some
    Americans will not do.
    And so we're changing catch and release. We're particularly focusing on
    those from Central America who are coming across Mexico's southern border,
    ending up in our own -- it's a long answer, but it's an important question:
    How do we protect our borders, and at the same time, be a humane society?
    Anyway, step one, focus on enforcing border; when we find people, send
    them home, so that the work of our Border Patrol is productive work.
    Secondly, it seems like to me that part of having a border security
    program is to say to people who are hiring people here illegally, we're going
    to hold you to account. The problem is our employers don't know whether
    they're hiring people illegally because there's a whole forgery industry
    around people being smuggled into the United States. There's a smuggling
    industry and a forgery industry. And it's hard to ask our employers, the
    onion guy out there, whether or not he's got -- whether or not the documents
    that he's being shown that look real are real.
    And so here's a better proposal than what we're doing today, which is to
    say, if you're going to come to do a job an American won't do, you ought to be
    given a foolproof card that says you can come for a limited period of time and
    do work in a job an American won't do. That's border security because it
    means that people will be willing to come in legally with a card to do work on
    a limited basis, and then go home. And so the agents won't be chasing people
    being smuggled in 18-wheelers or across the Arizona desert. They'll be able
    to focus on drugs and terrorists and guns.
    The fundamental question that he is referring to is, what do we do about -
    - there's two questions -- one, should we have amnesty? And the answer, in my
    judgment, is, no, we shouldn't have amnesty. In my judgment, granting
    amnesty, automatic citizenship -- that's what amnesty means -- would cause
    another 11 million people, or however many are here, to come in the hopes of
    becoming a United States citizen. We shouldn't have amnesty. We ought to
    have a program that says, you get in line like everybody else gets in line;
    and that if the Congress feels like there needs to be higher quotas on certain
    nationalities, raise the quotas. But don't let people get in front of the
    line for somebody who has been playing by the rules. (Applause.)
    And so, anyway, that's my ideas on good immigration policy. Obviously,
    there's going to be some questions we have to answer: What about the person
    who's been here since 1987 -- '86 was the last attempt at coming up with
    immigration reform -- been here for a long period of time. They've raised a
    family here. And my only advice for the Congress and for people in the debate
    is understand what made America. We're a land of immigrants. This guy is
    from Hungary, you know. (Applause.) And we got to treat people fairly.
    We've got to have a system of law that is respectful for people.
    I mean, the idea of having a program that causes people to get stuck in
    the back of 18-wheelers, to risk their lives to sneak into America to do work
    that some people won't do is just not American, in my judgment. And so I
    would hope the debate would be civil and uphold the honor of this country.
    And remember, we've been through these periods before, where the immigration
    debate can get harsh. And it should not be harsh. And I hope -- my call for
    people is to be rational about the debate and thoughtful about what words can
    mean during this debate.
    Final question, sir. You're paying me a lot of money and I got to go back
    to work. (Laughter.)



    PS I did not know about the story of I-245 on 9/11....



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  • rajenk
    10-20 12:08 AM
    AllIzzWell, as the_jaguar has suggested FOIA is the only way. And yes that helps, some times FOIA requests might take longer, so request it ASAP to get it quicker




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  • IWannaBeHowdy
    12-01 12:33 PM
    Hello Everyone,

    My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.

    When I do the case search on USCIS.gov site, it says:

    "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."

    I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.

    Thanks


    PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.



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  • Green.Tech
    07-18 01:39 PM
    Folks,

    Not to hijack the message posted by the OP, I have a question:

    If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?

    Anyone who has done that before? Ideas?




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  • rajenk
    09-21 10:46 AM
    Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?

    Yes I changed job and my new company did the EB2 filing. It took roughly 9 months from starting the Ad, recruitment efforts, filing and approval.




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  • roseball
    05-04 04:34 PM
    Hi Guys

    Please read before giving your opinions: as per memo not my words:


    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.

    The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.



    See links below for more data
    http://ac21portability.com/modules/wflinks/

    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.




    nid
    05-19 10:21 AM
    Guys,

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

    Thanks




    pappu
    10-17 07:42 AM
    Friends,

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

    Do you absolutely need to file a new I140?

    Have you sought other outside legal opinions on this matter?



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