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    12-30 12:20 PM
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  • raju123
    06-26 02:51 PM
    Numberusa reported following possible 24 amendments and Cantwell/Kyl amendment is not there. I hope this news is not right.

    Democratic Amendments

    * Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
    * Webb S.A. 1313: Community ties for [amnesty]
    * Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
    * Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
    * Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
    * Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
    * Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
    * McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
    * Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
    * Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
    * Schumer: provides for tamper-proof biometric social security cards
    * Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay

    Republican Amendments

    * Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
    * Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
    * Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
    * Domenici S.A. 1335/1258: increases Federal judgeships
    * Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
    * Graham S.A. 1465: enforcement. Still being drafted.
    * Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
    * Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
    * Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
    * Chambliss S.A. 1318: Totalization agreements
    * Isakson S.A. 1282: Preemption/Home Depot
    * Graham: Criminal penalties/mandatory minimums for overstays




    There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?




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  • wait_2010
    07-25 02:39 PM
    I believe people who suggest that they follow career before GC are right to an extent. But to me the you have to chose..losing freedom to chose ur employer vs losing one career oppoertunity ...If u have GC you can chose from other opportunities and surely there will be plenty..Especially u r close to GC, it might be worth the risk and wait to get GC..even if u get an EAD , it will make life simple for ur wife and urself as she can get a job in any place and any employer and u will have the same option...Nothing beats freedom...
    It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...




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  • TexasGC
    07-21 03:21 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.



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  • santa123
    07-16 08:48 AM
    I am confused with regards to AOS Vs. CP and which one to choose.

    My visa status is L1B with Company A and my green card for future employment is with Company B.

    Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.

    IF I choose CP, what are the steps after I140 approval?
    How hard is it to switch from AOS to CP or vice- versa?
    What are the pros and cons for AOS Vs CP?

    I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!




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  • diptam
    09-26 04:50 PM
    Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.

    This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.

    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.



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  • saileshdude
    05-21 11:13 PM
    Saileshdude,

    Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?

    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.




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  • Ann Ruben
    01-24 05:18 PM
    Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.

    Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.

    Ann



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  • sangeethak31
    07-13 02:51 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K




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  • wellwishergc
    04-08 07:45 PM
    Yes, it is possible.. However you can apply for extension for one year only. If your I-140 is approved, you can apply for extension for 3 years.

    I suggest the following:
    1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
    2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
    3) Else apply for I-140 extension for 1 year based on your approved Labor

    Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.

    Anybody in the same situation?



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  • GCAmigo
    01-02 03:48 PM
    So I was lucky as I am blissfully ignorant of this rule up until now.. may be my next visit would be with an AP.. just dreaming.. I went to the Chennai Consulate though...




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  • cptbaseball
    05-14 11:22 AM
    Hi attorneys,

    I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?

    Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???

    Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?

    Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?

    Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?

    Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?



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  • Lasantha
    08-16 12:33 PM
    Australia is another option.

    http://www.immi.gov.au/




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  • watzgc
    02-11 03:29 AM
    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck
    Hi Diptam/NolaIndian,

    I have quick questions,

    1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
    2. can I use EAD (from emp A) till I get my approval for employer A ?.
    3. Can switch back to same h1b extension after received it ?.

    thanks for ur time to reply.



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  • Googler
    02-20 03:04 PM
    More on this at here (http://immigrationvoice.org/forum/showthread.php?t=17450).




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  • newbie2020
    08-17 04:13 AM
    PA DMV requires atleast one document which has a later expiry to issue license, Take a letter from her employer stating she will be working in PA until a later date (Say 12/31/2011 eg). Show it to them and they will issue license.



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  • raju123
    06-26 12:25 PM
    NumberUSA reported following possible amendments. Nothing for EB !!!
    If this is the case, we should strongly oppose the bill.

    http://www.numbersusa.com/hottopic/senateaction0507.html


    According to El Bolet�n, �the official Senate Democratic Hispanic Task Force newsletter,� the following proposals are now under consideration for possible consideration if cloture is invoked:

    Democratic Amendments

    * Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
    * Webb S.A. 1313: Community ties for [amnesty]
    * Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
    * Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
    * Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
    * Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
    * Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
    * McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
    * Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
    * Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
    * Schumer: provides for tamper-proof biometric social security cards
    * Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay

    Republican Amendments

    * Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
    * Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
    * Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
    * Domenici S.A. 1335/1258: increases Federal judgeships
    * Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
    * Graham S.A. 1465: enforcement. Still being drafted.
    * Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
    * Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
    * Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
    * Chambliss S.A. 1318: Totalization agreements
    * Isakson S.A. 1282: Preemption/Home Depot
    * Graham: Criminal penalties/mandatory minimums for overstays




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  • mirage41
    06-13 05:04 PM
    Just a quick update:

    All 3 Lofgren bills will be marked up next week in the subcommittee.

    IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.

    What does 'marked up' mean?




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  • Appu
    11-16 02:09 PM
    Don't worry about processing dates..

    In a brief all centers will move 1 month forward and NSB with move 15 day forward....

    The good thing regarding the processing date is we don't have retrogation..

    Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.




    honge_kamyaab
    11-15 11:45 AM
    I got canadian greencard and running out of time to land there before my medical examination expires.

    On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.

    Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.

    Please share your experiences and suggest me the safe thing to do.




    pappu
    12-01 03:40 PM
    I am not sure about the exact Business Analyst vs Programmer Analyst functions, but from my own experience, just make sure that your lawyer makes your job description very broad. It will help you not just in your process with the existing company but also if you were to change the job after 485.



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