Sunday, June 12, 2011

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  • johnamit
    08-13 09:58 AM
    advantage I will have is I am guaranteed to stay till my 9th year H1 expires which still has 2+ yrs left, and at the same time take second job on EAD and travel on AP. If I choose to switch to EAD then if the 485 decision is against then I would have no option of staying here.





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  • LostInGCProcess
    02-24 05:33 PM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks

    If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.

    If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.

    However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.

    Chao





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  • gotgc?
    11-19 12:41 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.


    Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.





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  • Pagal
    01-28 09:35 AM
    Hello,

    Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)



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  • texanguy
    08-12 02:30 PM
    bump





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  • sudiptasarkar
    11-06 08:38 AM
    Hi,
    How much time did they give you for responding to the RFE?
    Also any one has a sample of the affidavit?

    Thanks



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  • zico123
    05-17 02:00 PM
    Deal reached after weeks of closed-door bipartisan negotiations
    "Point system" established to consider education, skill-level in green card process
    Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
    Citizenship to be considered after border improvements, ID initiative complete

    THE PROPOSAL
    ILLEGALS:
    � Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
    � Head of household must return to home country within 8 years. They will be guaranteed back in.
    � Penalty: $5000, staggered

    ENFORCEMENT:
    � Double border patrol, new security perimeter, border fence.

    GUEST/TEMP WORKERS:
    � Guest worker program cannot begin until enforcement provision is in place.
    � 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
    � Earn points toward merit-based green card.
    � May bring families on 30-day visitor visas each year.

    Source: Sen. Edward Kennedy's office





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  • Ann Ruben
    01-20 09:09 AM
    Abhay,

    Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?

    Ann



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  • coolpal
    04-22 05:40 PM
    I applied for extension last june for my initial h1b which was expiring Sep 30, 2008... technically speaking, the extension is still pending.... but I applied for h1 transfer in Dec and after answering a couple of RFEs and applying for premium in March, I finally got it approved last week.

    The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.

    pal :)





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  • chanduv23
    09-17 11:50 AM
    based on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids

    The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES


    AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER

    LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES

    KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS

    ATLEAST NOW - LEARN FROM THESE CHILDREN

    EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS

    YES, EVERYONE TO DC

    EVERYONE TO DC



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  • rvenkat1976
    04-09 12:19 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks





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  • sajimm
    08-05 01:18 PM
    It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.

    Most likely this is just election politics.



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  • CaveMan232
    10-25 04:48 PM
    Dear Admin, sincerely appreciate your encouraging words. 10+ Yrs in the country and another 10 yrs to go before seeing the light appears to be highly depressing considering current economic uncertainities.
    If it wasn't for the patch up by Immigration dept in 2007, this country would have seen Indians forced to head back home by the 10000's. And those that were fortunate enough to retain jobs or move on to new ones by porting AC-21 are forced to stay in the SAME role with no relief coming from the Govt for AC-21 which would then allow them to get promoted or recognized for their hardwork. Imagine the shock my boss had when I had to refuse promotion as that would jeopardize my GC(expected to be approved in the next 10 years)? And if that doesn't bother you enough, then once every 2 years(thankfully EAD is now valid for 2 yrs), you start fasting and praying that your EAD gets renewed without issues. You get the drift now, don't you?
    And that is not to say I do not acknowledge the efforts your team has been putting in. I, along with the many 1000's, truly appreciate the selfless and noble efforts your team has been constantly putting in to bring about bigger changes. THANK YOU!!





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  • damialok
    05-13 01:52 AM
    USCIS will attempt to reconcile multiple 485s and combine them into one app. A lot depends on the A# assigned(should be present on the 485 receipt). If both your receipts show the same Alien number then you should be ok. If not that goes to the 'admin processing' procedure.

    Even if your A# is same on both 485s, you should call USCIS and check to see if both the apps have been combined. That way once one of your 485s is approved the other will be given a NOID and you can withdraw the other app.

    NOTE: On your one of your 485 appl, you should have marked yes for the question regarding previous/other 485s.



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  • sayantan76
    09-24 11:39 AM
    Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
    But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
    "WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!

    All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters





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  • Macaca
    04-20 06:45 AM
    This (http://immigrationvoice.org/forum/showpost.php?p=58962&postcount=630) is how CIR was reported yesterday!

    You will know a lot if you follow the News Article Thread!



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  • Anil_s
    06-29 08:40 PM
    Hi Ari,

    Thank you for the information.

    I generally hold business discussions with the client whenever needed,thats only my job.

    Anyways I understand your point.

    Anil





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  • niklshah
    09-19 11:01 PM
    Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...

    hey bro i did not give u red dot for spelling mistake, i frankly told u to edit it...





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  • Robert Kumar
    10-20 09:57 PM
    does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?

    in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.





    ivar
    07-12 06:30 PM
    Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.





    yetanotherguyinline
    04-15 01:04 PM
    I had the same issue and I just sent in paper returns.



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