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Monday, July 4, 2011

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  • pappu
    03-12 12:05 PM
    Thanks for your post and being informative. We understand your frustration (as expressed in words-- bucket of warm spit :) ) and appreciate the concern.


    IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.

    Please be patient and support us in the meet the lawmakers drive and funding drives at this time.





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  • raysaikat
    03-25 11:49 AM
    Hi,

    My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.

    Thanks

    Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.





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  • Blog Feeds
    11-08 03:30 PM
    So is the economic downturn over already, if you look at the recent H1B filings it may well be the case. United States Citizenship and Immigration Services (USCIS) has updated its periodic count of FY2010 H-1B cap (http://www.h1b.biz/lawyer-attorney-1137085.html) filings, revealing that there has been a significant increase in the rate of filings during the month of October 2009. USCIS has stated that it has received a sufficient number of petitions to use all of the available 20,000 H-1B numbers that are reserved for individuals with advanced degrees from U.S. colleges or universities, which means that the "advanced degree" H-1B cap for FY2010 has been reached. H-1Bs for individuals with advanced degrees from U.S. colleges or universities can still be filed, but those petitions will now count toward the general H-1B cap of 65,000.

    Around 6,200 cap-subject H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions were filed in October 2009. This is a significant number, especially when compared to the only 1,500 filings received by USCIS in September 2009. In total, as of October 25, 2009, approximately 52,800 H-1B petitions that count against the congressionally-mandated 65,000 limit have been received by USCIS. This leaves only around 12,000 H-1B cap numbers for FY2010, without taking into account the 6,800 H-1B cap numbers that are reserved for nationals of Chile and Singapore. If all 6,800 of these "reserved" numbers are removed from the 65,000 cap along with the 52,800 H-1B cap petitions already received, there are only around 5,400 FY2010 H-1B cap numbers remaining.


    As a practical matter, USCIS will likely accept well more than 5,400 additional cap cases in FY2010, as the number of cases USCIS will accept anticipates that a certain number of filings will be withdrawn or denied. Additionally, nowhere near the full 6,800 Chile/Singapore numbers have historically been actually used by nationals of Chile or Singapore. Thus, most of those numbers are applied by USCIS to the general 65,000 cap.


    While USCIS is still accepting H-1B petitions for FY 2010, the recent jump in filing means that by mid December or so we will have no Visas left. My advice go ahead and file now.





    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_advanced_degre_1.html)





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  • needhelp!
    11-12 06:29 PM
    Sent.
    All, please do this. Lets stop this trend before it comes and bites all of us.



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  • alex05
    04-05 09:27 AM
    what is the 2nnd RFE about? Is it related to the first one?





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  • swamy
    06-08 11:09 PM
    i know what you're talking about - this obsession w/pre-adjudication is ridiculous!i for one support dismantling the current vb based 485 filing lottery system that utterly makes no sense whatsover! let people file 485 as and when 140 is approved and get rid of this cynical vb based filing -



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  • shreekhand
    09-18 12:39 PM
    It all depends on their background check and security requirements.

    As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).





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  • dsairam
    10-11 07:15 PM
    My case was filed Aug 8th (NSC), received Reciept notice (email from lawyer) on Sep 18th and FP notice on Oct 4th. The FP appointment is tomorrow.



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  • manish756
    04-12 04:32 PM
    Thanks a lot . she is travelling on AP. I haven't received the RFE till now.
    It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate





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  • smisachu
    08-22 03:59 PM
    Good Article. We should get hold of the full study. It could be something we could use to our advantage while lobbying during the DC rally.



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  • sam_hoosier
    12-04 04:17 PM
    Hi,

    I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )

    Thanks,
    Sam

    Yes, you can :)





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  • vselvam
    12-04 01:30 PM
    July�07 filer - H1-B renewal after filing I-485 (12th Year)

    Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.

    The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
    ----------------------
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or

    365 or more days have passed since the filing of an EB immigrant petition that is still pending; or

    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
    -------------------------------------

    I have filed my I-485 during July 2007 as like many others. My PD is March 2004
    Got married after the filing and still maintaining my H1 and brought my wife on H4.

    I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.

    This is my 12th year H1 renewal.

    6 year 2005
    1 year 2006
    1 year 2007
    3 year 2010


    Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?


    Thanks
    Venkat Muthusamy



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  • letstalklc
    11-04 03:03 PM
    If the old company not revoked, you can travel with that old I 797.

    If you get an approval from your new employer when u r ome country, better ask your employer to send it to you, so that you will get I-94 with new date on it...

    In port of entry they will ask for your H1 Docs and your work location if it is consulting company or client letter, in some cases may be more docs like W2's...





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  • senk1s
    11-03 04:58 PM
    my 2 cents:
    processed is different from approved



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  • SlowRoasted
    05-22 10:11 PM
    cool i really like them all





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  • solaris27
    07-19 12:38 PM
    yes pls



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  • glosrfc
    10-31 08:43 PM
    Yup..pineapples, corn, cable cars, jugular veins...
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  • mrajatish
    09-14 08:45 AM
    1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.

    2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company


    Rest should be ok.





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  • JeffDG
    02-08 07:43 AM
    For your information, most employment in the United States is "at will", which boils down to, the employer can dismiss you at any time for any, or no, reason whatsoever.

    The fact that it's "retaliation" is not likely relevant.

    They owe you notice of termination, or pay in lieu of notice, so a couple of weeks.





    GCchaos
    10-27 09:08 AM
    That's the most surprising part:-).
    Probably they need to validate my H4(my current status in US) based on his
    H1 validity.
    But thank God,my woes r over now,as I got my approval today.
    But the applying for SSN woes r going to begin soon.
    Thanks for ur replies.

    Regards,
    Kiran.





    rkm
    02-16 12:20 PM
    If your Dads age more then 60 then D157 not required



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