Monday, June 27, 2011

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  • immigrationbond007
    06-11 06:21 PM
    I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.

    PS I do hope I am proven wrong though :-)

    I strongly feel that CIR should be brought back and our amends included by our lobbying. Next time CIR is brought back, I am sure favorable amends for H1b GC applicants will be included/debated. I am only concerned about why there are no updates from the IV core group so far. Lets hope the lobbying firm that IV has hired is keeping track of the "behind the doors" discussions to make CIR more pleasing to those who voted against the closure of vote.




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  • mambarg
    08-05 06:13 PM
    With 700K predicted applications pending From July ,
    Was just wondering what will be long term effects.
    Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
    Now coming July which is 6 months prior to expiry of 1st EAD.
    There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?

    It is like any surge in electric voltage generally blows away the device.
    I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
    I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
    Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??

    What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?




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  • theperm
    05-07 03:21 PM
    Thanks! :-)




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  • amulchandra
    11-10 04:13 PM
    This is my personal experience.

    I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.

    I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.

    Hope this helps

    Amul



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  • aph0025
    01-20 03:02 PM
    Hi Amul,
    Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.

    Update:
    I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.

    Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.




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  • bigboy007
    12-10 02:51 PM
    My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue? + what is the issue of 140 porting if we are not informing USCIS about AC21 so how are we porting 140 ? is it automatically?



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  • mantagon
    07-23 09:54 AM
    AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

    Hope this helps!

    Hi guys,

    I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

    I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

    I am still working on H1 and she is a parolee.

    Thanks in advance fopr the responses.




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  • menimmigration
    07-19 11:32 AM
    BMSI,
    My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval

    Till now I hav'nt got any physical notice (Lawyers confirmed the same)



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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.




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  • LostInGCProcess
    09-18 04:24 PM
    my I-140 is pending for than 600 days as well in addition to my pending I-485.
    while using EAD with my current GC applying employer(lets say not
    getting paid as in this economy its hard to find corp to corp jobs), can I
    work another job full time using EAD?

    It would be risky to move to another company before your I-140 is approved.

    If you start using your EAD, you no longer will be in H status. You would be in AOS pending status.



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  • vallabhu
    01-02 11:45 AM
    I am not giving up so easily after waiting for 4 years, esp when I have qualification mentioned in ETA-750 and mine was not a substitution labor either.

    Any other thoughts guys.




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  • zCool
    07-27 03:17 PM
    Do you work for some desi consultant who is trying to hold you?
    Even then Attoreny making willful mistake to help your employer hold you is rare..
    I have never heard you not needing signature.
    In fact not having signature is reason enough for denial.



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  • sapota
    08-22 02:50 PM
    I know some of you will be attending the Rally in DC on Sep 18th.

    But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.

    This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like

    West Coast (Bay area )
    Midwest (Chicago)
    Texas (one of the major cities - Dallas, Austin or Houston)

    Think of all the local media attention this gets & also the ripple effect into national media.

    Any thoughts ??




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  • sw33t
    05-07 12:25 AM
    The Civil Rights Division's Coordination and Review Section can handle individual complaints alleging discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice.

    http://www.usdoj.gov/crt/cor/index.php

    Most major city police departments receive grants from the DOJ.

    Here is the Dept. of Justice website giving more information -

    http://www.usdoj.gov/crt/split/complaints.php#Police

    Don't try going to the department directly or filing a form directly. Not recommended as they will not be friendly.

    Also contact your local community organization leaders and let them know about the incident.

    It might be a good idea to setup a protocol or a process in place in the event something like this happens again. Memorize a contact number and educate your family members on what to do.

    Here is more information on your rights if you are detained or arrested -

    http://www.msba.org/departments/commpubl/publications/brochures/legalrights.htm

    The above link is a compilation by the Maryland Bar Association but it is pretty close to what you can do and what you can't.


    File a complaint over here - http://www.policeabuse.com/index.php?option=com_performs&formid=44 if you live in a small town/city. Its Free.

    BTW, this is a very popular technique to evict a neighbor who is not wanted around. :) But then again, I might be speculating about your living situation.

    I hope you did not commit an act of domestic violence.



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  • amsgc
    04-02 08:43 PM
    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

    Ams

    Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.




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  • chanduv23
    07-11 02:42 PM
    My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.

    We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).

    Thanks
    Senthil.

    My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.



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  • ngopalak
    10-14 06:11 PM
    I am in a similar situation...filed for AP in June...mine got approved...wife's AP has not gotten approved yet....planning to travel in early December.

    I tried expediting for financial loss and got email saying that is not enough reason....

    I am thinking of refiling my wife's I131 and paying the extra $300...now. What do you guys think...is there a chance of approval before end of November or is it a lost cause...




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  • va_dude
    03-22 08:37 AM
    I did travel back in Dec-Jan to India and back, and just like you we used the AP to re-enter.

    I also am working using my EAD and not H1b. And have switched employers using AC-21. I did send in papers to uscis regarding my Ac-21, but none of that really came into play at the washington dc airport.

    We weren't asked anything related to our employment - no letters, pay-stubs, etc. All they looked at was the AP and that's it.

    I think it is safe to travel for you too. The fact that you have switched employers is completely legal. It might be wise to take the AC-21 memo and old and new pay stubs along with you.




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  • rjgleason
    October 27th, 2003, 06:13 AM
    Great shot Don....I like that image a lot.

    Some shots from yeasterday at and around the Delaware Water Gap:

    http://www.pbase.com/image/22684252

    http://www.pbase.com/image/22684661




    jonty_11
    05-07 02:04 PM
    Please let us/me know ASAP.
    no details yet but in the past the regulations that have been related to immigration and have not been clear - Like labor substitution have been prone to abuse.....
    I am suspecting they will tighten the AC21 just like they abolished labor substitution.




    arjun007
    02-07 10:16 PM
    PIMPS sounds wrong..thx for the correction..

    I94 discrepancy

    The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"



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