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gcdreamer05

08-04 10:49 AM

How about some green dots guys for sharing such a inspirational story...

Good Story will really be given a green, here you go green from me !!!!

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wandmaker

02-24 12:22 AM

Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

Please share your views.

The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.

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mikemeyers

11-20 05:19 PM

Let say, I continue taking classes until i get for visa stamping, how would they know that I am taking classes other than the grades that were posted or transcript.

If i don't take classes anymore, how wud they know I m not taking any classes?

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sledge_hammer

05-21 04:55 PM

Thanks kalinga_sena, StuckInTheMuck, and nashim!

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cbpds

04-28 12:27 PM

Right on the point !!, the funniest part is not all the Dem senators themselves support the immigration bill, check out how many dems opposed the motion 3 years back :)

Yes, I firmly believe that Harry Reid will bring CIR to the floor. He will bring it crashing down to the floor.

People, this is just garbage spewing out of these politicians' bodily orifices.

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ras

02-08 08:18 PM

"- $195 for a 30 minute phone consultation
- $395 for a 60 minute phone or in-office consultation "

looks to be a bit high for consultation

Why dont you consult Prashanthi Reddy who is one of the Attorney's that answers IV Conference calls. Her consultation seems to be quite reasonable to my knowledge. ofcourse check with her anyway the consultation price. Also check with Shusterman, etc.


"I found one group -
EmployementLawGroup.net
And they are asking me
- $195 for a 30 minute phone consultation
- $395 for a 60 minute phone or in-office consultation
I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them.
For the time being I'm going ahead with them - If you guys know please advise me.
( I'm really not earned/earning much ) "

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sircaustic

07-24 08:25 AM

Immigrant petition was filed only for me. However, AoS has been filed for the entire family. So in my opinion the answers to three questions sholuld be 1 - No, 2- No, 3- Yes.- Would that be Correct?

Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?

Thanks!

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acecupid

07-23 09:24 AM

Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:

Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.

Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?


I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.



Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?

I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.

The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?

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nashim

07-29 08:38 AM

Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.

An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.

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jamesingham

06-23 08:59 AM

No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.

Yes, the responsibilities are 50% different than my previous job.

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prioritydate

08-13 12:31 AM

When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?

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gsc999

04-02 12:54 PM

Hi,

I am in the Peninsula, in Nor. Cal. My congress woman is Anna Eshoo. Please let me know how I can help. I have called her office and asked for support for the STRIVE bill. I will call her office again and set up a meeting. Need the collateral from IV. Anyone near around this area?

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Jaime

09-12 01:55 PM

Who do you know?

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Lasantha

04-12 10:49 AM

I am sorry PnjbIndia, I am not at all familiar with cross chargeabilty. Maybe you do have to wait for her FP but I can't be certain. Have you considered doing an INFOPASS appointment? Wish you all the best and hope that you will get good news soon!!!!!


Lasanthe,

Thanks.
When I applied for my wife's AOS 3 weeks ago as a derivative, my lawyer also wrote in the cover letter to consider my case in cross chargeability.
But I have not seen any LUDs on my case yet. One point is that , may be I have to wait till my wife has got her FP cleared? Or can I get my case approved before hers? My FP is cleared....

Do you think they can give me the GC before my wife? Or they both have to come at the sametime... she is my AOS dependent, but i am using her country for cross chargeability.... any thoughts....

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user

11-06 09:50 PM

http://www.change.gov/

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simple1

10-30 07:20 PM

part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

that settles it. Receiving Unemployment benefits is okay on AOS.

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anda007

10-30 12:11 PM

I live in the Denver-Colorado Area and myself and lot of my other friends went to the USCIS office at 8AM on a saturday, one before the schduled appointment
They made us wait for about 30 minutes extra, till they could finish the current filers
After that we were called and had our fingerprinting done

I would suggest, go there over the weekend and get it done with

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gctex

07-01 11:52 PM

Hi all,

In her passport, my wife's name appears as follows :

Given name = <blank>
Surname = <First name> <Last Name>

Now visa stamping has this :

Given Name = FNU
Surname = <First name> <Last Name>

We are filing I-485 this week and in all the forms we were thinking of giving :

Given Name = <First name>
Surname = <Last Name>

At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.

There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.

The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:

Please advise !

Thanx

-Gctex

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deafTunes123

04-15 10:39 AM

Man....9 loong years....thats too long in this era for one employer. Congratulations on your GC Approval. I can clearly see the relief.

I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

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Blog Feeds

02-10 08:50 PM

Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

Background

On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

Requirements in the Statute

The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available

There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings

LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals

U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations

The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees

Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits

Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program

Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations

For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria

Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)

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skgc

04-08 03:45 AM

i am not a lawyer, so what i state here is from my personal experience. i have been to hawaii on an H1B 3 years ago. there was absolutely no problem anywhere. its like flying to any of the 48 mainland states. no one asked for passports anywhere ( i did not even carry it).
I ofcourse flew to hawaii, but i have taken cruises to mexico.

as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.

since you are boarding from US, visiting an US state, coming back to US, there should be no problem.

-sk

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