Sunday, June 19, 2011

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  • cjagtap
    07-17 07:14 PM
    donation is a good idea..





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  • glus
    08-03 11:07 PM
    go to: http://www.uscis.gov/pressroom

    and then select the one from August 3.

    I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.





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  • WaldenPond
    07-21 08:48 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    Hi Suk,

    We have been already working on this. Please see:

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

    On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

    This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

    Thanks for your help!





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  • h1bemployee
    06-25 01:57 PM
    Hi Prasanthi,

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?



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  • prem_goel
    09-07 06:49 PM
    the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.





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  • MDix
    03-05 05:10 PM
    Please see my reply in red.

    I have few questions regarding the visa and green card process.


    1. Which documents are required to convert H1 to H4 while being in USA?

    Ans : Pay-stubs and form I-539

    2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

    Ans: Yes, no pre-conditions

    3. What happens to my green card process if I convert to H4? I have my I-140 approved.

    Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC

    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
    Thanks and Regards,
    Alpa



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  • thomachan72
    05-12 09:53 AM
    Dear All,

    Could you please advise, if we can port eb3 to eb2.

    My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

    Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

    If yes, what should we be careful about and how should we go about it?

    Sincerely,
    Augustus

    In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
    How frustating this can be, right? :(





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  • jsb
    10-29 04:04 PM
    I've done it. Well, basically my attorney sent a notice to the USCIS, but I think you can do it too by sending a simple letter to the Service Center. There is no form for that as far as I know.

    It is clear to change from 'old' or 'new' attorney, but there is nothing mentioned for 'no attorney'. I think best is to call USCIS and find out the best way to do it.



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  • GAFAAAAA
    10-27 11:36 AM
    you can make bird houses out of tables, surley that blue bird on twitter must land somewhere of a night on his cyber bird house when everyone has shut up for the night about how the jonas brothers suck. he/she probably goes home from work too you know.





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  • lostinbeta
    10-21 01:35 AM
    Wow, very interesting. I have never heard of that before.

    Well where I was thinking falls in those rules, according to that grid, it was #2.

    Like I said though, put it where you want... don't mind me...just blurting stuff out.



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  • desi3933
    06-30 01:56 PM
    ....
    I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr./Ms. P. Saxena -

    Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

    USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

    Hopefully this clears your confusion,

    Have a good day!

    desi3933





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  • krithi
    04-23 12:38 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj

    Raj,

    Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.



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  • GCwaitforever
    11-12 07:50 AM
    Looks like the law suit worked. Congratulations to the Emeries. The other case will be resolved with Dream act. Is not there a TPS for Honduras citizens?





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  • franklin
    06-22 08:24 PM
    Your choice - you can follow the instructions sent by UCSIS and hope for a smooth processing of I 485, or ignore the instructions and be sure to have delays



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  • user1205
    09-05 12:05 PM
    From http://www.immigration-law.com/Canada.html

    List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow

    The list:
    Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
    Congressman Joe Beca, D-CA
    Congressman Ray Lahood, R-CA
    Congessman Brian Bilbray, R-CA
    Tony Wasilewsi, Small Business Owner, Schiller Park, IL
    Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
    Rev. Luis Cortes, Jr., President Esperanza USA
    Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
    Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
    David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
    Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
    Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL

    The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.





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  • vin13
    05-19 01:34 PM
    My friend,
    to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

    How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.

    Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.

    Anyway i don't want to beat this to death. Just an opinion.



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  • ThackeG67
    08-08 08:20 PM
    Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks





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  • whitecollarslave
    08-14 03:15 PM
    How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.

    Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
    I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?





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  • alterego
    11-01 07:30 PM
    Firstly to comment on the story, What the heck are they to do with a shrinking and aging population!

    Anyway this just speaks to issues globally.
    If we believe we are in a global economy...........and I do. Then these are relevant.
    For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
    We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
    Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
    Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
    Lets hope our voice gets heard in after all this land of immigrants.





    IneedAllGreen
    03-09 04:58 PM
    My I-140 is stuck at NSC from more than 750 days. I had 2 RFE's and last one was answered 4+ months ago. Last Friday my attorney had raised SR for my case after we answered our RFE. Can anyone share how long it takes for USCIS to answer on SR in case of I-140 application? :confused:

    Your input is appreciated.

    Thansk

    Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:





    milind70
    10-15 02:03 PM
    Hi,

    Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??

    goodluck,
    vaishu

    I think not since his PD is 2006.



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