Tuesday, June 14, 2011

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  • mvijay85
    08-04 07:58 AM
    Hi,

    I am eager to know what happened to your brother's visa?

    It will help me a lot!

    Thanks,
    Vijay





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  • Queen Josephine
    July 15th, 2004, 01:35 PM
    These are great shots. Between you and Janet, you could produce a nice book (if either of you hasn't already).





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  • thescadaman
    11-04 09:23 AM
    A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.

    Hence, I guess, their typo correction system is a bit slow but it works!

    ISSUE RESOLVED!





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  • seahawks
    07-18 09:42 AM
    I agree, the opportunity and benefits to file 485 far outruns anything else.



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  • ski_dude12
    09-26 08:58 PM
    You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.


    Thanks for the advice. I appreciate your insight.

    I amm zn. ! going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.





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  • kishdam
    03-25 09:33 AM
    We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D

    Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.

    Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.



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  • vrbest
    05-07 04:09 PM
    Soft LUD means the date changed but no message content change..
    Hard LUD means both date and message changed..

    THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
    and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD

    Thanks





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  • Sandeep
    02-21 05:32 PM
    If you are faxing it you may consider sharing the following pages :
    Page 20 of http://www.gao.gov/new.items/d0620.pdf shows target dates that the USCIS should have achieved
    Page 22 of http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf shows the unused visas for EB category ad the complex way it is calculated
    http://fermat.nap.edu/catalog/11463.html shows the need for American Competitiveness. This report was published by the committee on Science Engineering and Public Policy
    Pages 8-10 of http://www.whitehouse.gov/cea/ch2-erp06.pdf describe the importance of high skilled immigration to the U.S.
    http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html Section E shows the procedure used

    You can also send the following
    THe brochure (http://www.immigrationvoice.org/media/Immigration_Voice_Brochure.pdf)
    Endorsement (http://www.immigrationvoice.org/media/Dr_Richard_Florida.doc) by Dr. Florida



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  • eb3stuck
    05-08 01:52 AM
    I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
    No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:





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  • sansas
    01-21 07:28 AM
    hi dionysus
    i got this from some requirement agencies



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  • joydiptac
    05-26 01:50 PM
    This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    Thanks Saikat, for pointing out some potential pitfalls.
    I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

    One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

    Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

    1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

    2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
    Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.

    HTH





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  • Rajeev
    08-11 08:09 AM
    Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently

    Whatever may be the chances of success, at least we should support this bill.



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  • aadimanav
    10-26 09:42 AM
    On Home page it is still not fixed.





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  • Pria
    01-02 09:59 AM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria



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  • frostrated
    07-06 12:44 PM
    you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.





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  • sunny26
    06-29 03:42 PM
    hi

    If not able to get insurance talk to the Dr they have some package like 3000$ for full term checkup and delivery(normal) like that.One of my friend in tx dont have insurance so they took that package the Dr office offered him.



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  • acecupid
    06-25 11:13 AM
    I believe you should be ok since you are travelling and returning before expiry of old AP. You should be physically present in the US during application of new AP. Once you have the receipt for new AP, you should be good to go.





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  • snathan
    03-31 08:45 PM
    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

    I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

    When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.





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  • PALLO
    04-21 03:51 PM
    Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

    Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

    Thanks a lot!!!!!!!!





    ashmeetk
    07-12 03:21 PM
    says you are exempt from cap if you held H1B status anytime in the last 6 year


    Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


    I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

    Thanks for help





    Blog Feeds
    02-28 09:10 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
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