Thursday, June 9, 2011

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  • alterego
    05-28 09:49 AM
    As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.




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  • paskal
    12-05 04:12 PM
    Thanks but I'm not moving in that area.

    he's moving exactly where we need him :-)
    good desicion!

    we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!




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  • makemygc
    06-22 11:16 AM
    you need pdf writer, use demo.

    I don't think it's anything to do with pdf writer. If he is asking about forms like I-485, G-325 A etc..those have pdf security enable and wont allow you to save it. Whereas if you try I-693 form (for medical), that will allow you to save the form even if you do not have pdf writer.




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  • EndlessWait
    04-12 07:12 PM
    Considering, if lobbying with $ is how things work here and it will help the govt. to fund the war, I've a great idea.

    Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.

    Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.

    IV should consider this seriously and debate.

    Say what???
    :-)



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  • wandmaker
    04-02 01:03 AM
    If you do not want to send it together, send 140 and wait for the receipt notice and file your 485 after it is current. zCool has given the inputs.

    The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.




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  • ndbhatt
    06-23 12:11 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.



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  • WeldonSprings
    05-18 06:28 PM
    This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.

    Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!

    Hindi-Chini Bhai Bhai!!!

    Bender's Immigration Bulletin (http://bibdaily.com/)




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  • plassey
    08-06 09:57 AM
    Sorry, this forum is not for family based immigrant only employment based..But don't worry you are fine. Issues like this are better handled by a lawyer.
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court



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  • add78
    03-20 10:01 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    Frankly, I am surprised to see such a question from someone with so many posts.
    If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
    Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).




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  • paskal
    12-08 11:31 PM
    Dear friends,

    We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
    Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
    OR use this thread if it is just more convenient....



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  • chanduv23
    09-17 07:46 AM
    Me sitting in Queens right now at home - waiting for wife to come back from her night duty at the hospital

    I will be heading straight to work in New Jersey, later today afternoon, I will wrap up and few more dedicated volunteers will be joining me and we are car pooling to DC by late afternoon.

    Will definitely try to make it to the reception

    Come on dear folks - lets all make it to DC.




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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

    Thanks,
    Shravan



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  • ram04
    01-28 10:49 PM
    It seems we are in synch.
    Sep 04

    MTR approved in December 09.

    RFE for EVL on 23 rd Jan 23 rd.

    Replying this week.

    Let us see what is in store.




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  • pradeepd
    01-23 12:12 AM
    Hi,

    I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

    I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

    1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
    2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
    3) Or is it advisable to go to india and get it stamped

    My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

    I need your urgent help and all of your comments and suggestions are greatly appreciated.

    Thanks,
    Sudha



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  • agiyer
    02-06 07:49 PM
    Thanks for the replies....Working voluntarily, does it mean that you need to work only in Non-Profit Orgs? in my case, I was wondering whether it is legal to work voluntarily when in an H4 visa for a Private Audit Firm and you audit their customers but do not take any pay of any kind from anybody till you get your H1-B in Oct?




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  • raysaikat
    07-11 01:06 PM
    Thanks for the response raysaikat... the above information is definitely very helpful for me.

    As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.

    If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.

    However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
    If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
    And if approved can i start to work immediately without a gap?

    Please advise.

    Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.



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  • viva
    11-02 08:22 PM
    Yes, Arjun is now chargin $75 an hour as he is moved into a bigger office. I have used him too. Did not actually retain him, but he offers clear and concise advice without trying to paint a rosy picture of the situation and trying to set you up for more consultation services.




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  • h1-b forever
    01-04 08:29 AM
    Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.

    What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?

    The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.

    Representative Lamar Smith

    Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:

    "The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.

    "In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.

    "Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.

    "Texans also should not have to compete with illegal immigrants for scarce jobs.

    "According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.

    "Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.

    We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."

    Rep. Smith supports:

    * State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
    * Mandatory E-Verify on Employers (H. Res. 1026)
    * End to Birthright U.S. Citizenship (H.R. 1868)

    He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.

    Where does Rep. Smith stand on legal immigration?

    He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.

    Representative Steve King

    The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.

    Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."

    What does Congressman King have to say about legal immigration?

    "Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."

    Conclusion

    So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?

    Not so fast.

    Members of Congress, whatever their ideology, must represent the interests of their constituents.

    You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.

    When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.

    And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.

    So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.

    Time will tell.

    From Carl Shusterman blogs




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  • pappu
    04-30 12:17 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.




    dwhuser
    06-15 04:43 PM
    yes, he is working for a desi company so he doesnot get paid when he's on bench. His last payroll ran on January 2009.
    Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.




    jediknight
    04-06 08:34 AM
    I was worried about the Immigration status with the FHA loan processing. Glad it's not an issue.

    Still debating whether to refinance via FHA or wait for a few months till the house prices are better and do a conventional loan. The FHA MIs are quite steep in my case ($20K upfront + $350 per month)

    - JK



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