Linggo, Hulyo 3, 2011

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  • Blog Feeds
    04-16 03:00 PM
    Back in 1982, when I left the INS to enter private practice, the number of H-1 visas was unlimited. All professionals, including registered nurses, were eligible for H-1 visas. Also, there was no maximum duration for H-1s. U.S. employers could petition for H-1 workers all year long, yet the program did not generate the amount of controversy that it does today. It was a market-based system which allowed U.S. employers to fill jobs in a global economy, plain and simple. The Immigration Act of 1990 ushered in the present era of government control of �H-1B� temporary visas. For the first...

    More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)




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  • Scythe
    03-17 04:11 PM
    "WHAT," "GUESS," "MY NAME iS," "GREAT"

    "NO" is in there several times.




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  • haisylu
    06-17 04:41 PM
    Thanks for the responses.




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  • chanduv23
    09-07 01:52 PM
    I sent this to Tri State Chapter - good stuff Jazz



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  • RadioactveChimp
    04-08 02:14 AM
    and i will change it tmrw...right now i gotta sleep




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  • memyselfandus
    05-26 08:00 PM
    You are spot on. I did spoke to some folks and every body said the same thing, you cannot bring the kid in this country unless the priority date becomes current. That could be long time the way things are moving....

    Hence we are stuck almost same situation as you guys are....

    Anybody who can give us any other alternative that would be great...



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  • dinakar
    04-07 01:57 PM
    All,

    Any successful H1 transfers these days, pls post your experience. All that required for a transfer was latest 3 payslips and I797. Is it still the same or have things changed these days ? Can someone pls share your experience.




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  • STK
    02-08 02:01 AM
    I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
    1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
    2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
    3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
    4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
    Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:



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  • dellmunna
    04-21 10:52 AM
    i am getting less then in my LC but same position.




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  • soumya_bhatta
    03-23 07:33 AM
    Hi,

    Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.

    Under the circumstances, can I apply for a AC21.

    Thanks,

    Soumya



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  • franklin
    05-01 07:45 PM
    It definitely sounds worth a call!

    btw EB3 is backlogged across the board in all categories




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  • kaisersose
    07-30 05:19 PM
    Hello

    I am working on a L1 B Blanket Visa since the past 3 years. My visa is expiring on 11/18/08 and my employer encourages me to apply for a fresh petition from India rather than apply for an extension here due to the no. of cases denied. My wife is presently employed through EAD which expires the same date.

    Is there any way that she can retain her employment while we both get our VISA stamped a month before my current VISA expiry date from India ? She might not get 2 months leave without pay which is the usual processing time for a re-extension of EAD considering we both arrive in US after getting a new VISA in the first week of November 2008. Please advise.

    I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.

    Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.



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  • seanl
    08-07 03:22 PM
    I received an RFE that put my I-485 on hold,

    "In order to process your application further you will need to submit the following:

    1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

    OR

    2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.

    Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."

    I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).

    I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
    status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?




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  • veni001
    07-20 05:57 PM
    Since the current job requirement is bachelor, your employer can not file GC in EB2.:o

    Hi All,

    First off, thank you for taking the time read this.

    Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.

    Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.

    Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.



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  • H1B-GC
    05-28 05:06 PM
    Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?

    To answer your question,

    Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.

    You would qualify for Unemployment in PA as long as there is a pending green card application.

    Offcourse the applicant should have earned income in the previous year to qualify.

    I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.

    Thanks for your advise! I will check at the local unemployement office !




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  • satishm
    08-18 09:40 AM
    I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
    Check with your attorney



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  • javadeveloper
    07-27 05:40 PM
    I am starting this thread for Interview related discussions.

    Here is my question:I live in NY and my attorney is located in CA.I got Interview with Immigration and I want to attend that interview along with my attorney.Is it possible to schedule my Interview in CA where my attorney works/lives? Or is it like we need to attend where USCIS specifies?

    Share your experiances.

    Note to Admin:Please make this thread sticky if you feel it is worth enough.




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  • solaris27
    09-04 06:55 AM
    yes you can join company once you get your green card .




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  • ImmInd
    03-20 10:02 AM
    Yes, Travel via London needs:

    EITHER Valid Visa stamping in Passport to Destination Country

    OR Direct-Air-Transit UK Visa stamping in Passport

    Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.

    FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.




    sukhwinderd
    11-15 04:00 PM
    has anyone thought about this :

    if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.




    Macaca
    05-05 11:38 AM
    better pray for the CIR to be passed first.
    then get a comfortable chair and wait for the 20+ millions illegals to get ahead of you in the queue
    This is not 100% true. However, they will have some effect!
    does anyone know when they will discuss it - in the house and in the senate?
    Senate: last 2 weeks of May.



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