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  • aksaharan
    10-14 06:02 PM
    I believe this has been going on for last year or so, with no outcome yet..

    Unified Agenda and Regulatory Plan Search Results (http://www.reginfo.gov/public/servlet/ForwardServlet?SearchTarget=Agenda&textfield=1615-AB82)

    Lets hope they do it this time.




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  • nirdlalegcade
    02-26 12:37 PM
    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?




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  • americandesi
    06-17 11:48 PM
    There is an option in US Greencard called “Commuter Permanent Resident Card”. Refer the link below for more details
    http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf

    This GC allows you to live in Canada/Mexico and commute to United States for work. Though you are loosing the year count towards US Citizenship with this GC, I think it’s a better option for anyone who wants to apply for citizenship in both countries.

    (ie) Convert the regular Permanent resident card to “Commuter Permanent Resident Card” (Form I-90) -> Live in canada and commute to work in US for the next 3 years (Windsor-Detroit) -> get the canadian citizenship after 3 years -> convert the “Commuter Permanent Resident Card” to regular Permanent resident card (Form I-90) and settle down in US -> Get the US citizenship after 5 years.

    The advantage with this approach is that you earn in US dollars though you live in Canada during the first 3 years.




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  • ahaadi
    01-08 01:46 PM
    You can get the passport the same day using tatkaal service but you need to spend the whole day in consulate or you can get it in 3 days.

    I got it from NY consulate. Also tatkaal service charges 140 bucks and regular one is 40 bucks.

    I got it in a week, I got it from SF Consulate.



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  • h1techSlave
    04-27 10:32 PM
    This one is from Mathew Oh:

    After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.

    After watching all these dramas in the Senate/House, I feel the law makers are testing the waters with various types of immigration bills. Like the IV core team has always suggested, our only real chance is the CIR, whether we like it or not.

    Cheers,
    h1techSlave




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  • sobers
    06-02 10:40 AM
    you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.



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  • mailmy_gc
    10-15 03:15 PM
    Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .

    We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.

    Hope this helps you.




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  • snathan
    05-19 11:34 AM
    Hello,

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Thanks,
    Harish Gowda

    The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.



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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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  • thandan
    03-17 11:33 AM
    I am not sure I agree with you on that EAD will go invalid if the primary applicant stops working fulltime. This is because the greencard application and everything associated with it is for a FUTURE job offer.

    What I am trying to see is the analysis of this situation from the point of view of an attorney. It would be great if one of the attorneys can chime in here!

    Couple of more points in case it wasn't clear in my original post

    1) I am the primary applicant for this greencard application.
    2) The option of going to MBA after I get the greencard will not work. For one, it will take me (eb3 india) years to get it, at which point going for an MBA will be too late. Also I got this opportunity to attend a top-3 MBA after so much hardwork and I do not want that to go to waste.



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  • AK01
    03-26 10:48 PM
    Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.

    Simply untrue.. The magic word is: progressive, progressive, progressive...

    From horse's mouth:

    http://www.immigrationlinks.com/news/news215.htm

    (see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.

    EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.

    From the link:

    The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.

    Position 1: Staff Software Engineer

    ETA 750 Item 14:

    Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
    Experience - 5 years job offered or 5 years related occupation software engineer.

    ETA 750 Item 15:

    Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.

    It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.




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  • vroapp
    12-08 08:10 AM
    McConnell, Mitch- (R - KY)
    (202) 224-2541

    Bunning, Jim- (R - KY)
    (202) 224-4343



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  • snthampi
    08-17 12:40 PM
    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

    As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.




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  • fundo14
    02-19 12:36 PM
    Hi All,

    I wanted to share my experience at the port of entry using AP.

    Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
    Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

    We have our 485 receipts/ approved EAD’s and AP’s with us.

    Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

    At the Port of entry this is how it went:

    Officer: Very rudely asked for our passports & I-94
    We gave him our Passports, I-94 forms and Original AP’s

    Officer: What’s the purpose of your visit?
    Our Answer: To join back at our respective work.

    Officer: Work? Who’s the primary applicant?
    My answer: My wife

    Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
    My answer: But I have work Authorization (showed our EAD cards)

    Officer: That’s all bullhshit, does not mean anything…you can not work here.
    My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

    Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
    My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

    Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

    After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

    Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

    The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

    We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

    I am worried if he has entered some nasty remarks on my case…not sure.

    Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

    1. He assumed throughout that my wife is entering on H1 and I on H4
    2. Or he did realize his mistake but was too egoistic to accept it.
    3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

    One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

    In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

    Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

    Thanks!



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  • chanduv23
    09-30 04:43 PM
    i just called USCIS to find out when i would be recieving the mail...a very nice lady told me that it is taking 30 days for us to get the mail. Even though they say they have mailed.

    She said one more thing which I am not sure how far I would beileve....she said:
    "It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."

    i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.

    I am not sure what to make of this.....


    She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe




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  • WeShallOvercome
    07-20 02:11 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.



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  • kish006
    12-27 09:13 AM
    I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....

    Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).




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  • coopheal
    12-04 08:58 AM
    Bump




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  • smuggymba
    10-06 04:06 PM
    My friend (same person as ronhira, same tone and lang always...anyway)
    I'm from india just in the process of starting my labor on H1-B for the alst 4.5 years. You say I'm an anti-immigrant....based on what? I can't waste my time with you.

    Please have fun in issuing toll alerts. ppl like me will still respond if I can help. I have received tremendous help from here and other forums also and I will reply if I can asnwer any question. Have fun.


    smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.

    Why should I make the fact gaps public and train anti immigrants like you ?




    ravi
    09-13 10:55 PM
    I am eligible for emeregency appointment as I am coming to India to
    attend visa interview as I got new i-20 for MBA program starting january
    2007. Please I request you to provide me information on how to shcedule
    intervie before dec10, 2006, so that accordingly I will buy the
    flight tickets.

    My international advisor in school will also provide me recommendation
    if needed for emergency appointment, showing my need.




    glus
    03-19 09:25 AM
    i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.

    So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.

    Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.

    On flip side, if it is mandated, then why most of the employers do not withdraw the application ?

    NO, period.



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