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Saturday, June 11, 2011

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  • cybergold
    04-28 10:25 AM
    Hey Pom, where is Senocular's Robot, it was a very nice one.





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  • ras
    08-09 10:48 PM
    I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
    Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.

    Thank you

    And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.





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  • jamesbond007
    11-01 08:56 AM
    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.


    Keep in mind that his letter stating reduced hours will be of no good. That actually amounts to fraud on the company's part. Do not get into that doodle.

    I think the best thing to do is to get a new LCA approved, and amend your H1. If your new salary is still more than the government published rate for that type of job in your region, a new LCA and amended H1 may not be necessary.
    I will search for similar cases and post here if I find something.
    Good luck.





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  • ksnlp
    05-05 10:00 AM
    If AP is approved. You can travel out of country, Your husband can send it later to you.
    But if AP document somehow missed in mail or never reaceived. Thats the problem.



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  • Robert Kumar
    02-25 10:06 PM
    Robert

    It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

    HRPRO

    What happens if premium processing is done at this stage.





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  • jay75
    06-17 03:20 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

    If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.



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  • uma001
    03-26 02:13 PM
    WHy there are no replies in this thread





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  • roseball
    04-04 02:49 PM
    Hi thank you again, yes i understand that visa stamp is only needed for overseas travelling purpose. You raise a good point though when you said you assume i got h1 approved with i-94 attahced. This brings me to a scenario that just happened a few months back. I applied for extension h1b and h4 and we received notification that it has been approved and the approval sent to the attorney. But the attorney has disappeared. My wifes h4 approval was returned back to uscis and mine is not known where it is. we called uscis and they said we have to apply a duplicate i-824 individually to get the approval sent back to us again. i have therefore submitted i-824 application for my wife already. and i am submitting mine this week. all we have right now is h4 receipt for my wife and a copy of the approval for h1b for me (without i-94) that usually goes to the peititoner. What do you think about this?

    Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.



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  • kerstbrd
    02-22 06:17 PM
    I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

    I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
    Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
    I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

    Anyway, I was just frustated, sorry about this rage but just needed an outlet.

    People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
    & /OR B) They have good lawyer, who is very much prudent and willing to take chances.

    Any other theories and welcome

    *CONDITIONS APPLY LOL

    my friend, you've been played. EB1 requires no labor cert. Your lawyer convinced you to "chicken out" & wait a couple of years longer in the queue. Thereby paying him fees to help you do labor certs and multiple H1/EAD/AP renewals.





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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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  • casinoroyale
    03-31 02:02 PM
    Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.

    Here is a link taken from other thread from IV
    http://www.murthy.com/mb_pdf/030609_P.html





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  • we_can
    01-02 04:30 PM
    After the renewal, I got a passport with a new passport number (the old passport is still there stapled with the new one).
    My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?



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  • sa.node
    02-21 04:16 PM
    @Raysaikat, Paskal.
    thanks for your prompt replies.
    Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
    I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
    ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.

    I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
    thanks.





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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.



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  • Anders �stberg
    July 19th, 2004, 01:35 AM
    Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!

    No, no, please don't change anything, I'm just kidding!!

    More semi-nudes would be cool though. :p





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  • pthoko
    08-03 10:02 AM
    Hi,
    I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

    There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

    Is it a given that USCIS will find this issue?

    I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
    I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.

    I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
    Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

    Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

    Greatly Appreciate any reply.

    Thanks!



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  • Blog Feeds
    03-22 12:20 PM
    AILA Leadership Has Just Posted the Following:






    http://4.bp.blogspot.com/_QZpVppv4FTs/S6dHB1rzDcI/AAAAAAAAAFo/qrwzbl0Md3Q/s320/2010-03-22+Statue+of+Liberty.jpg (http://4.bp.blogspot.com/_QZpVppv4FTs/S6dHB1rzDcI/AAAAAAAAAFo/qrwzbl0Md3Q/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
    "We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

    The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

    It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

    The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

    Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:


    Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.


    This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.


    If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.


    Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.


    My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."


    Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.


    Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."


    As long as we don't shut our doors.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)





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  • glus
    12-27 03:05 PM
    Hello Helper!

    thank you for reading my thread.

    My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.

    1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
    2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
    3. What are the chances of the change-of-status being approved?
    4. If her student visa gets denied, after how many days does my wife have to leave?

    Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals

    1. She can stay here while the change of status is pending.
    2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
    3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
    4. They usually say she should leave as soon as possible.

    Regards,





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  • whitecollarslave
    08-12 02:27 PM
    My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.

    How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?





    485Mbe4001
    02-18 07:55 PM
    If anyone is from Augusta and wants to put up flyers in the temple there please send me a PM. I might be able to help.





    ivgclive
    04-23 06:06 PM
    ....but this is a public forum and I can ask whatever question I want to ask....

    For the same reason, I thought I can answer anything.

    Now I understand. the law is for only people who ask questions.



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