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  • gc_on_demand
    05-27 12:15 PM
    Aha I see ... yes she can stay in the US beyond the I-94 date as long as the extension application is pending. From the postings i can recollect that in case of a denial the unlawful presence starts from the decision date.

    also if you get denial stamp no longer be valid. This is what I also read online.




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  • techbuyer77
    07-17 06:28 PM
    I called an IO today at Texas.
    Last week they told me that due to glitch they never printed my fp notice.
    The IO I talked to then, said that she was going to generate one and mailed to me.
    I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment

    The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice




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  • akhilmahajan
    08-16 02:36 PM
    I was in MI for a long time, so have called them up and have urged them to join IV.

    Hopefully they will make the right choice and do the right thing.




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  • sbmallik
    05-15 04:09 PM
    What the denial notice says? Your options are to file a new H-1B ... in the meantime please appeal the case immediately as this will buy time.

    Regarding other options, you can either re-enter US on B-1 or visit a consulate and get H-4 stamped.



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  • ppt.b
    07-15 11:19 AM
    I am in

    July tends to be a busy month for my husband at work because of deadlines on august 1 (even on weekends). However, we will try to make it if we can, definitely in august.




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  • makemygc
    07-02 08:56 AM
    I guess he went to bed on Thursday and woke up today.



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  • gc28262
    08-16 01:10 PM
    The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.

    Does this mean this memo is not legally binding to USCIS adjudicators ?
    Is it a victory in disguise for plaintiffs ?

    If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
    Court says rule making need not be followed as this memo is not legally binding.




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  • ashres11
    04-06 09:27 PM
    I had AOS though company A and holding my H1 which is expire in July 2010.

    I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.

    I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.

    JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.

    Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.



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  • vamsi_poondla
    04-15 12:33 PM
    "Don't worry. The same happened to us. In fact once our case was transferred our approval came in very quickly. Good Luck."

    This is the message from one of the IVians.

    I know we cannot say anything about USCIS. They do all sort of crazy things




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  • Ramba
    10-27 05:11 PM
    Hi,

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21? No

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.

    3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
    Thanks in Advance....



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  • upendra
    07-09 01:28 PM
    EB2/Jan 2006.




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  • Bytes4Lunch
    08-17 11:07 AM
    What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
    Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?



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  • lacrossegc
    12-11 08:17 PM
    Cool Mr engineer !!
    I'm in La crosse, WI...
    Already signed up for recurring and $150 one time for Omni bus

    Fellow WI-IV folks, please contribute ....




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  • amitk81
    03-17 02:54 PM
    Hi,
    This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.

    I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.

    e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
    But it you shift from IT to sales with the same salary there would be an issue.

    my 2 cents



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  • rovingeye
    07-26 02:28 PM
    Hello Friends

    My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.

    I am totally confused by this . Can some one offer their opinion on this strange development ?

    Appreciate your help in advance




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  • newh1user
    01-22 03:16 PM
    my new company filed h1 transfer on premium on 17 of jan and got fedex delivery on 18th .I have to join this company asap..so I have few question
    1. can i join this company even the receipt is not available?
    2. how long its take to get the receipt and approval in premium processing?
    3. is there any chance to denied if yes what are those factors if any one come accross?



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  • chanduv23
    06-27 07:26 PM
    Hello Folks:

    This long wait for Green Card has made me think about a number of things...

    A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.

    Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...

    Any thoughts on this... greatly appreciate ....it

    This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice




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  • kirupa
    05-27 03:14 PM
    Added the second one up!




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  • BonoVox627
    08-01 11:09 PM
    Also here is my site for DontAsk Inc. Films. The one that puts out the Star's War films.

    http://www.freewebs.com/dontask00/index.htm




    abhi_022001
    12-22 07:05 PM
    It's ok for outside people to wait longer rather than get tourist visa quickly for indefinite time to explore possibilities which are dangerous for the country .....




    pappu
    01-03 07:07 AM
    could someone send a scanned copy of this artcle by email so that it can be posted?



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  • shimul99
    09-21 03:32 PM
    I�m confused about using the EAD. Someone please clarify me�.

    I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
    �Can I be in H1b and still work another job as a part-time?
    �If my wife wants to work using her EAD does it have any effect on her h4 status?
    �If my wife loose her job during the use of her EAD what will be her status?
    �I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
    �I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?

    It will be very much appreciated if some can answer my questions?

    Thanks ahead




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  • GC_ASP
    07-18 02:01 PM
    Nothing to worry dude. Your wife is not out of status. Her I-94 is valid. No issues with 485.
    You need to file for her extension for H4 with the new H1b so that she can continue her h4 status after sept.




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  • kirupa
    05-27 03:14 PM
    Added the second one up!




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  • sr1973
    07-23 11:22 AM
    Looks like my thread is not necessary and an extra garbage.

    Green Dot members,
    How do I erase this thread.



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  • seanl
    08-14 11:55 PM
    I filed my I-102 to receive an I-94, ill update this when I hear back from them.

    When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?

    Thanks, bump.




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  • jd123
    05-16 01:18 PM
    Do i have to leave the country? isnt there another option?



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  • Dakshini R. Sen
    06-24 11:34 PM
    Enter your employer's name and address in question number 15. The advice you have got from the IO is not correct. You will not be put into deportation the moment you lose your job. You have time to either transfer your H1 or file a petition for a change of status to another classification.


    Dakshini R. Sen, P.C.
    Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
    212-242-1677
    713-278-1677




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  • Voetsjoeba
    10-19 01:06 PM
    Translation job, anyone ? I can translate most of it, but a few words are unknown to me and I wouldn't want to mistranslate it. Pom ?



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  • morrisking
    03-09 07:48 PM
    Thanks for the reply.

    Ok, here is the situation. I am the guy in this venture with all the business contacts and would have to involve in some email conversations with the clients and also visit them on an occasional basis.

    I am willing to do this without pay and also appoint someone as CEO instead of me. Can I be the Chairman of the Board, and do this kind of work.




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  • pdakwala
    05-27 02:11 PM
    Hey Folks,

    I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.

    The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.

    This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.



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  • idontcare634
    04-07 07:35 AM
    Hi,

    I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).

    Thanks.




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  • fairboy
    01-04 09:34 AM
    In year 1999, AnnaLee Saxenian of Public Policy Institute of California did a study on immigrant engineers and scientists in Silicon Valley and the effect they had on California's economy. She contended that foreign-born engineers in Silicon Valley�s technology industry made a substantial and growing
    contribution to regional job and wealth creation.

    Here is the full report on that study:
    http://www.ppic.org/content/pubs/report/R_699ASR.pdf

    Today, a new study titled "Silicon Valley's New Immigrant Entrepreneurs", by researchers in the master of engineering management programme at the Pratt School of Engineering at the Duke University was released.

    The study covered 28,766 firms with annual sales of more than USD 1 million and 20 or more employees. The lead researcher Vivek Wadhwa, contends that "this study shows the tremendous contribution immigrants in general and Indians in particular are making to the US economy and global competitiveness. This is a win-win for America and for the immigrants that make it here."

    Here is the full report on the latest study:
    http://memp.pratt.duke.edu/downloads/americas_new_immigrant_entrepreneurs.pdf

    Both the above reports go towards re-inforcing our arguments. Core members may want to retain copies of these reports some place. Salient points of these two reports should be used in some of the presentation material we prepare.



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  • techbuyer77
    06-19 12:28 PM
    I guess it gives you an idea how efficiently they work




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  • haisylu
    06-17 04:41 PM
    Thanks for the responses.



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  • alterego
    12-15 10:08 PM
    Looks like for EB2 2005 cases they are giving 2 yr EADs. Has anyone with 2003 or 2004 cases recieved a 2 yr EAD?




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  • vikki76
    04-05 12:02 PM
    me neither though I have donated quite regularly. Well, it is upto Core to decide what to do- I guess. We can keep posting suggestions.



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  • Lasantha
    07-05 12:52 PM
    Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?

    Thanks

    Try this
    http://immigrationvoice.org/forum/showthread.php?t=5983




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  • Krilnon
    12-02 01:39 PM
    But it must be� Seb Hughes (http://www.kirupa.com/forum/member.php?u=27016) goes there!

    Anyway, I'll let you get back to your Flashing/Silverlighting. :sure:




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  • kuhelica2000
    05-27 09:25 PM
    I am stuck in PBEC. Please let me know if you need any information.




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    08-22 04:07 PM
    http://www.nvca.org/pdf/AmericanMade_release.pdf

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    GC_LOOKIN
    12-11 09:56 PM
    there is another LUD on my 485 today, continuosly from the last 4 working days Dec6th,7th,10th and today(11th)..not sure what's going on...:confused:



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  • newbee7
    07-15 08:04 AM
    The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.




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  • eb3_nepa
    05-27 11:53 AM
    I am in a similar situation but since my receipt number is a Texas number I will write Texas Service Center. No point confusing the USCIS.




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  • bhartigorkar
    04-13 09:58 AM
    Congrats guys!!!
    Thanks to the judges!!!




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    August 6th, 2004, 09:34 AM
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  • justAnotherFile
    03-21 01:04 PM
    Looking at the responses from admins and core group on the Frist Bill threads it appears that the strategy for IV is to
    (i) Send mass faxes to senators to establish IV as a significant org
    (ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.

    The 2 main broad clauses that everyone seems to have consensus on is

    (A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
    (B) Ability to file I-485 while the visa number is retrogressed.

    This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:

    For example:

    (A) AC-21 clause alternatives
    1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
    2. Increase the per-country limits to 25% so it may be skewed but not that much
    3. Increase the per-country to 25% for a limited period of time ( 5 years)
    4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.

    (B) Filing I-485 when priority dates not curretn
    1. allow for filing if I-140 approved and priority dates stilll not curretn
    2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
    3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.


    Pleas pitch in with alternative ideas on these 2 main clauses.




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  • gk_2000
    05-24 08:56 PM
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  • snathan
    02-19 04:57 PM
    I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.

    I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.

    Questions
    1. Can i do that?
    2. If so, what documents would i need from my company to process this.

    1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.

    2. No you can not apply for new I-140 with new employer when the labor belongs to different employer




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  • MONCYS
    03-28 06:22 PM
    If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.


    My project is getting over, and it seems hard to find a h1b job.

    pls advice



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  • lahuja1
    01-24 03:39 PM
    The LCA was only filed last week (01/18)...




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  • kirupa
    12-01 07:38 PM
    You can actually do it more elegantly by fiddling with the HTML DOM: http://michaelsync.net/2008/07/25/silverlight-and-flash-interoperability-using-html-bridge-and-externalinterface-api-by-jonas-folles%C3%B8

    :)



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  • MrWaitingGC
    12-08 07:56 PM
    I suggest dont change till you get your GC.

    If you end in Name verification loop you will be furthur retrogressed on top of this retrogression.




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  • martinvisalaw
    09-03 08:22 PM
    Hello,

    My 140 is approved. My H1b is already extended for 3 years.

    1) Can my spouses H1b get 7th year extension based on this?

    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.



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  • engineer
    08-22 04:39 PM
    I have whole study..where should I upload it...
    I don't have link..




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  • gparr
    November 28th, 2004, 09:05 AM
    Thanks to all and welcome to dphoto Jamie
    Gary

    Is holding-up petitions in Srv Center a good news? [Archive] - Immigration Voice

    View Full Version : Is holding-up petitions in Srv Center a good news?




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  • PresidentO
    02-03 01:50 AM
    Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
    -a

    Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
    The OP seemed very confused and thats why I suggested not to fill in on paper by hand.




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  • jvs
    06-18 06:50 PM
    Regarding "how soon can you go for stamping"

    Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.

    I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.



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  • alex99
    10-31 04:38 PM
    From THE OH LAW FIRM:

    USCIS is scheduled to publish a revised regulation tomorrow removing the 485 Original Receipt Notice requirement for the H and L nonimmigrants traveling and returning to the U.S. pending the 485 proceedings




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  • Anders �stberg
    February 14th, 2004, 08:39 AM
    These swans swam past each other and I had just a split second to get the shot. I got too greedy and zoomed in too far... so it's just yet another "could-have-been-good"... :mad:

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/largebirds/swans_2389.jpg




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  • mbartosik
    01-28 08:11 PM
    URGENT ACTION ITEM
    I've asked this of narrower groups, and no luck so far.
    Tomorrow, Tuesday is the last day for this, Wednesday at the outside.
    If you are in MI and have an immigration attorney in MI then call him/her ASAP. Ask if they know any motor company or big corporate executives here on visas. If they do we would like one to testify on Thursday. If not testify then at least add name to a list of executives.

    Alternatively, if anyone in big motor company knows of foreign executive, either email me contact details, or ask them yourself, if I ask there is no come back on you. For just create a list of foreign executives and give to me with their job titles, and even phone numbers.

    We have a plan and we have a chance of getting bill 962 revised.

    My contact: mark at immigrationvoice.org
    my phone 631 233 6830

    DO NOT post details here!




    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.




    caprianurag
    11-06 01:02 PM
    I got one LUD on my AP after the receipt date and before I did FP.