Saturday, June 11, 2011

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  • mrajatish
    04-02 01:01 PM
    Friends,
    I know we have very good slides on high skilled immigrant's contributed to American economy and why they are necessary. One of the questions we are going to have to answer while presenting to our employer next week is

    1. In the long run, How does America benefit from giving you and me GC?
    2. In the short run, why should an employer care to fight for your GC?

    Please treat this as a very serious effort to collect positive data points for an extremely important presentation to one of the leading proponents of high skilled immigration - if we have enough data points, this person might testify in Congress/Senate for us.

    Core IV folks, please help us in this effort if you have pointers.

    Thanks,
    Raj




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  • Illuminae
    05-27 06:48 PM
    hey... fester, btw, your site totally sux, but.. er... hehe... i kinda like the song (feel free to throw stuff at me) :beam:




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  • eb3_nepa
    08-16 09:39 PM
    We gave them the 485 receipt and both the EADs and this is all information he actually asked for and said at the end that the system did not let him give us the DL as it needed more info.

    When will this NIGHTMARE end!:rolleyes:




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  • REEF�
    06-08 07:57 PM
    tsk tsk, voting for yourself :bad:Like I was gonna win this is a huge poll I might as well have done it :lol:.

    I don't want to win this because I don't deserve it. I even said I want the vector guy to win, them thangs are sweeter than rubber bands :azn:.



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  • bluekayal
    02-24 01:49 PM
    Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
    I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?

    If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.




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  • piyu7444
    04-01 01:45 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other



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  • lazycis
    09-28 08:35 PM
    Hello Everyone,

    I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....


    Thanks
    Anan:confused:

    Check this
    http://en.wikibooks.org/wiki/FBI_name_check

    Ask any questions here
    http://boards.immigrationportal.com/showthread.php?p=1781629

    Here is the sample complaint:
    http://boards.immigration.com/attachment.php?attachmentid=16571&d=1182786004

    Your PD does not have to be current (it changes from month to month), if it was current at some time in the past, that will be enough.

    Fight for your rights!




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  • eyeopeners05@yahoo.com
    06-02 01:36 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?



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  • TexDBoy
    06-10 02:51 AM
    Are those requested documents not part of standard documentation when we submit our 485 application.
    My lawyer asked me to submit all the I-20s and H1B copies when we applied for 485 ....

    Again, its interesting that they are looking for status as back as 1998 and not from the last entry ...




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  • sobers
    07-14 03:10 PM
    alabaman

    lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.



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  • kirupa
    01-06 12:57 PM
    "Conflict of Interest" is my middle name...s.

    :P




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  • go2roomshare
    02-20 05:30 PM
    Can this be used to know how many cases filed in 2000 to 2003 and will it be useful to pridict PD movement??



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  • vin13
    09-30 01:10 PM
    Any idea what these LUDs may be which you had

    LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC

    No idea...these were just soft LUD....the last updated date was changed online.




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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off



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  • FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)




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  • myimmivoice
    04-09 01:01 PM
    I think everyone is interested in their interests. We call it vested interest. Everyone is going to work to further their interests just like we are working for our problems. To us, our problems are genuine, but may not be to everyone who we think they should be.

    To the extent possible (with in the limits of our resources) in our publicity efforts, it is prudent to make our natural allies more proactive, to turn the people in our favor who are nuetral, and, reduce the impact of groups that are anti-legal immigartion by spreading the positives.

    I am not in false hopes that every one is going to change their thinking because we told them our problems, but, we should try to the extent possible. It is not going to harm us.



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  • anilsal
    01-26 07:12 PM
    awesome from BART station alone.




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  • lskreddy
    08-22 03:48 PM
    Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!

    Were you kidding or serious? You just quoted the very same name that guy is to avoid.

    Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..




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  • eb3_nepa
    04-16 11:21 PM
    Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.

    Do you have any kind of documentation or a Link for this by any chance?




    hopefulgc
    07-16 01:12 PM
    this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!

    Feed from my lawyer



    Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
    __________________________________________________ _______



    Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.

    Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter




    dpsg
    04-08 11:02 AM
    As always appreciate your efforts.



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