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Tuesday, July 5, 2011

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  • karthiknv143
    04-13 05:19 PM
    How long does it take to write a bill? Wow.. Immediately after the mad rush for H1, there is a bill out in just 10days to give the relief. Guess the bill must have been written well-ahead anticipating the reality.





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  • Ann Ruben
    01-26 10:05 PM
    The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
    __________________________________________________ ______________
    USCIS Adjudicator’s Field Manual, Chapter 23.2



    …….(2) Exceptions to the General Rule .


    Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:

    (A) H and L Nonimmigrants with “Dual Intent.”

    Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.

    As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.

    Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:

    • remain eligible for H-1/H-4 or L-1/L-2 classification,

    • are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and

    • are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).


    If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.

    __________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.

    Ann





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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.





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  • ramana_akp
    12-17 05:16 PM
    Hi friends!

    I have applied for my I-485 in June 2007.

    This is what i got on 29 Nov-2007

    On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    and on Dec 11th my status changed to

    On December 11, 2007, the post office returned our last written notice on this case as undeliverable

    My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..

    we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.

    if somebody who knows or gone through the same please share with me what you did and what happened.


    thanks a lot.
    Ramana.



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  • Widget
    06-23 03:53 PM
    Tried to chat but it is not possible to chat now.

    A White House chat on Immigration...

    with Michael P. Jackson
    Deputy Secretary of Homeland Security

    Transcript
    http://www.whitehouse.gov/ask/20060623.html





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  • 485Mbe4001
    04-13 05:44 PM
    Dont worry about it for the moment...just sit back and watch the fun;) ..if both houses decide to take it up then give it a thought...

    Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.



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  • AuntyDan
    06-21 08:32 PM
    You have mail logiclife, let me know if I can be of use to you.





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  • icecolor
    09-12 09:00 AM
    Send the link to this thread to your employer and let him know that he cannot even pull a small hair from your head.

    For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..

    First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
    On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
    Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.

    In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...



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  • lelica32
    07-30 07:15 PM
    NSC: LUD 7/27/2008 I-140
    EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007





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  • purgan
    09-13 03:14 PM
    Oh God!

    Waiting for over 5 years for the damn green card and still no end in sight.
    No wonder there's a lot of pent up anger and frustration.:mad:

    Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!



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  • cygent
    11-04 08:19 PM
    How to change the title?

    click Edit - then "Go Advanced" button to change the Title. Save.





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  • texanguy
    12-16 12:46 PM
    they probably have assigned a visa number to your case during the month of august/sept when your priority date was current and might have shelved it to open at a future time (which happens to be just about now!)

    Congratulations on your green card. Enjoy your freedom...

    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your files comes to someone's attention. ....Best to all....



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  • puzon23
    02-12 02:05 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.





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  • jackrabbit
    04-11 12:21 PM
    You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.



    Is this true??

    I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?



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  • eadguru
    11-06 08:34 PM
    No FP yet. How can I contact USCIS regarding FP? Does I need to contact TSC or VSC?
    Your help will be appreciated.

    ----------------------------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24, Received 11/01
    AP - RFE for clear copies of PP 11/01





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  • rbharol
    08-30 12:29 PM
    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?

    May or may not be.
    That is the reason that PERM labor certification requires employer to provide proof that enough advertizing was done and no US citizen was qualified AND willing to accept the job, before deciding to go for an Alien.



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  • gsc999
    07-11 01:34 AM
    Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.

    We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
    This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.





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  • gcisadawg
    03-30 08:20 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.

    I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!

    What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.





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  • Ramba
    05-19 02:31 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.





    eagerr2i
    07-20 01:38 PM
    Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

    The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.





    sertasheep
    08-26 10:09 AM
    Dear IV Members,

    We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.

    --------------------------------------------------------------------------
    You can find more information about Ms.Mehta Verma on her firm's website at

    http://www.nankin.com/mehtaverma.html

    Sonal J. Mehta Verma, Esq.
    Nankin & Verma PLLC
    11 North Washington Street
    Suite 360
    Rockville, MD 20850
    T: (240) 456-0000
    www.nankin.com

    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:

    Name(Nickname or handle):
    City/Area/Country of current residence:
    Country of citizenship: (Makes it more relevant)
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.

    Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

    --------------------------------------------------------------------------

    Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.

    --------------------------------------------------------------------------

    Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.

    --------------------------------------------------------------------------

    Thank you, and have a good weekend,



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