Monday, June 27, 2011

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  • perm2gc
    10-27 07:09 PM
    I have applied for my H1B extension in july and got the approval in Aug...:D




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  • sku
    01-16 03:29 PM
    The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:


    Termination and Layoff Tips
    Ensuring that decisions are properly documented and supported
    Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
    Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status

    Avoiding Legal Landmines When Reducing Pay or Hours
    Avoiding potential discrimination and overtime claims
    Preventing wage violations for nonimmigrant employees and employees sponsored for green cards

    Managing Office Closures: Forced Vacation or Time Off Without Pay
    Avoiding wage and hour violations

    Strategies for Reducing Immigration Costs
    Establishing policies for employee payment of certain immigration costs
    Drafting enforceable repayment agreements




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  • vparam
    05-23 01:49 AM
    Mchundi,

    I understand your anxiety. To answer your questions:

    There is no chance of having any single set of provisions "become law immediately."

    Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.

    For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.

    Hang in there!

    best,
    Berkeleybee

    - Why is it not possible for IV to convince brownback or cronyn to support in a amedment that backlog reduction section for legal immigrants could take effect immdiately. it looks like for legal immigrants except for sen.session no one opposes any provision.
    Thanks
    vikram




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  • nmdial
    04-22 11:26 AM
    enjoy food.. best place to enjoy all sorts of food in US

    I'll. I am big foodie (from all places)...



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  • jvs_annapurna
    04-11 11:55 PM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs




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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.



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  • sam0407
    07-18 12:55 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?


    ps57002:

    Do not take it in negative sense, This is just my thoughts..

    1. Flower campaign served it purpose, over doing anything will give produce negative results
    2. As other IV members suggested we should come-up with someother innovative ideas. You can ask IV members for ideas, I sure our fellow members will share their thoughts.

    Again, I am strongly believe any more flower campaign at this moment will produce negative result (i.e it will annoy the recipient).

    I had the same thoughts when our IV members planned to send thank you flowers




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  • Macaca
    12-14 07:24 PM
    A USCIS rule appears in a USCIS catalog or addendum. My International Student Advisor had a catalog of rules for F1, COPT and OPT. Everytime I did something out of the norm, I made a copy of the rules. I will keep these rules till I get the green card.

    I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.

    I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.

    I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.

    The advantage of consular approval is that you get multiple entry visa.

    Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?

    Some things slip by but are noticed during the GC process.

    Other concerns.

    1. Kaplan was issuing I-20's in my time.

    2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)



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  • yabadaba
    07-13 02:24 PM
    hilarious...my last post was 711

    go apu!




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  • belmontboy
    12-04 10:25 PM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!



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  • Canadian_Dream
    04-15 02:25 PM
    Please don't feed the troll.




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  • sgorla
    02-20 04:51 PM
    If you filed in PERM system, you should be able to find your case. I was able to see my case based on the LC case number. DOL has database for fiscal years 2003 thru 2006.

    This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!



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  • NKR
    09-22 09:00 AM
    Thats what GC means to me.

    On the other hand...Its just the current state of mind...

    You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'

    But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
    .

    Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.




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  • a_yaja
    02-17 09:32 AM
    I have a couple of questions:
    1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
    2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

    thanks.

    I mentioned the following:
    "Need to visit family in home country from time to time given the long adjudication process for I-485"

    For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).



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  • kevinkris
    04-21 01:53 PM
    Hi greeta,

    I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
    to your home country and cannot transfer your visa. If it's H1 you can always do that.

    If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.

    Good luck.

    Rgds,
    Kris

    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta




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  • santb1975
    02-17 01:02 PM
    We look forward to seeing everyone there



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  • drona
    08-31 12:47 AM
    Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!




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  • gcnj
    03-17 02:45 PM
    If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.




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  • jfredr
    06-12 10:24 AM
    CIR has got nothing to do with ur visa at this point. this is my idea. better take our seniors advice here at IV




    ameryki
    02-27 09:03 PM
    I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.

    We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.

    Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....


    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?




    asdqwe2k
    04-19 10:02 AM
    Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.

    All the desi consulting companies do that, so that their employees can work anywhere in USA...



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