Friday, June 10, 2011

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  • jediknight
    10-12 12:00 PM
    Lou Dobbs� Next Home: Fox Business? (http://mediadecoder.blogs.nytimes.com/2009/10/12/lou-dobbs-next-home-fox-business/)

    Fox can keep him along with their other crazies :-)




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  • vinnysuru
    04-01 03:07 PM
    Hi Vinnysuru

    Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?

    Yes, the current visa bulletin has to show PD your date or beyond or be current!

    Otherwise, they can't request visa numbers. DOS won't issue.




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  • eb3_nepa
    04-13 10:46 AM
    Will IV be trying to campaign/lobby against the 180 day delay?




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  • Hermione
    09-27 11:09 AM
    Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!

    Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.

    The article itself is pretty good, though.



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  • DDash
    04-04 11:49 PM
    I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.

    Can someone please answer my questions? :confused:

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?

    2) Should I let USCIS know that I am changing my employment?

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?

    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? :rolleyes:

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:

    Thanks in advance for you replies.




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  • mirage41
    06-13 05:04 PM
    Just a quick update:

    All 3 Lofgren bills will be marked up next week in the subcommittee.

    IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.

    What does 'marked up' mean?



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  • gc_peshwa
    02-04 11:21 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D




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  • Joybose
    08-14 02:58 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
    Hey, which service center, Texas or Nebraska.



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  • sh2005
    08-13 10:43 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    How about the processing date that was shown for your service center? I applied my I-485, EAD and AP in May (got my RN in may as well). The processing time for EAD and AP is shown to be March 26, 2007 for NSC. But, I recently got my EAD approved and an RFE for AP. So, is the website for processing time not updated as accurately as it made to be seen or somehow some applications (like mine and yours) bypass the FIFO?

    On a separate note, I got an email that an RFE has been issued for my EAD, but I already got the EAD card in hand, before the RFE was issued!!!




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  • dealsnet
    04-15 05:18 PM
    You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
    What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.

    You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.

    Good Luck!



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  • diptam
    02-10 10:25 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)


    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck




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  • saileshdude
    05-14 10:18 AM
    Mishras,

    Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.

    That would help people here to help you.



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  • mbartosik
    11-09 05:42 PM
    http://news.bbc.co.uk/1/hi/health/7087846.stm

    Actually there were two issues.

    1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.

    2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.

    For comparison with US system

    indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).

    Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.

    I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.




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  • bhasky25
    08-13 02:17 PM
    The fee increase is only for companies which has more 50% of their employees on H1B visa. So counting 85K visa's for 4 years is not correct.



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  • fasterthanlight�
    06-06 06:35 PM
    When do the polls close?




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  • amitkhare77
    09-04 09:54 AM
    Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    NO, I-485 filing > 180, also the I-140 is approved.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?
    No. if you send AC21 letter, you will not receive NOID (you might get RFE)

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
    Yes

    Here is my thought -
    If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.

    Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
    just my thought, you might want to validate this with any leagal expert.



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  • bluez25
    07-16 01:58 AM
    i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.




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  • jkays94
    05-04 02:17 PM
    Here are the relevant parts of the transcript (http://transcripts.cnn.com/TRANSCRIPTS/0605/03/acd.01.html) :

    COOPER: Rising gas prices aren't the only thing causing heartburn this election year. Immigration reform is close behind. The battle at the border has spread into the heartland and across the country. Some politicians already paying the price. Ahead, we'll get a reality check from the best political team around.

    Plus, a brazen break in the border. They've actually poured concrete here and they've formed steps which makes it easier for whoever was bringing drugs into the United States, actually climb up through the tunnel.

    Tunnel built by drug runners. We showed it to you back in January. Now there's a new development in the story. What's going to happen to the tunnel? We'll bring you the latest next on 360.

    (COMMERCIAL BREAK)

    COOPER: Those pictures, of course, from Monday's massive immigration demonstrations. Hundreds of thousands of illegal immigrants and their supporters in the streets. They wanted to show their economic power. They hoped that would translate into political power. But now some critics are saying it's actually had the opposite effect, creating a backlash. And in at least one city so far the issue has already cost a Mayor his job. Here's CNN's Candy Crowley.

    (BEGIN VIDEOTAPE)

    CANDY CROWLEY, SENIOR POLITICAL CORRESPONDENT: This is where day laborers, mostly immigrants, legal and not, hang out looking for work in Herndon, Virginia. It may not look like an election issue, but last night, voters threw out their mayor and two city council members who pushed for the day labor center. This is the new mayor.

    STEVE DEBENEDITTIS, HERNDON VIRGINIA MAYOR-ELECT: Welcome immigrants, but they have concerns, valid concerns, about illegal immigration.

    CROWLEY: Fewer than 3,000 people voted in Herndon. Just about 24 hours after the nation watched hundreds of thousands of immigrants, legal and not, demonstrate across the country.

    FRANK SHARRY, EXEC. DIR., NATIONAL IMMIGRATION FORUM: I've never known a politician who wasn't attracted to a large crowd. And these have been some pretty large crowds.

    CROWLEY: True enough, it was evidence that the immigrant community can galvanize itself. The question is, to what end? Congress is reading the tea leaves.

    SEN. HARRY REID, (D) MINORITY LEADER: I personally believe very, very fervently that they have helped, helped picture this issue in the minds of the American people in a positive fashion.

    CROWLEY: Tea leaf reading is not an exact science, particularly in an election year where frankly democrats would be better off if the republican-led congress did nothing.

    SHARRY: I think the congress is going to have a lot of explaining to do if they don't end this session with a good comprehensive bill.

    CROWLEY: Republicans desperate for something to tout as accomplishment, anxious not to alienate core conservative voters, are afraid the demonstrations harden conservative opposition to anything that smacks of a break for illegals. SEN. MEL MARTINEZ, (R) FLORIDA: I believe at the end of the day we'll see that it really had a negative effect and it backfired on those of us who are trying to move forward something that is comprehensive but yet in middle course.

    CROWLEY: Senator Mel Martinez of Florida says since Monday's demonstrations calls to his office have run 10 to 1 against his bill providing tougher border security and a pathway to citizenship after hurdles are jumped.

    JOHN FUNU, WALL STREET JOURNAL: The boycott has so heated up the measure that we're not going to have any bill this year. It's simply poisoned the well.

    CROWLEY: As Washington lawmakers struggle with the political weight of all those demonstrations --

    SEN. JOHN CORNYN, (R) TEXAS: It wasn't clear exactly what the message was. And I think in some ways it tended to polarize people.

    CROWLEY: Herndon, Virginia, is already discussing changes to ensure the day labor center cannot be used by illegals. The problem with tea leaves is, you never know which ones to read. Candy Crowley, CNN, Washington.

    (END VIDEOTAPE)

    COOPER: Well, earlier I spoke with Candy Crowley along with John Roberts and John King, part of the best political team on television.

    (BEGIN VIDEOTAPE)

    COOPER: John Roberts, what are the prospects for getting immigration reform this year?

    JOHN ROBERTS, SR. NATIONAL CORRESPONDENT: That would depend on who you talk to. Some republicans who want to put a good spin on this say that it's possible that they can get it done. It might even be possible that they could get it done by the August recess. Other people including the White House are much more pessimistic about it saying they don't expect anything to happen until after the November election.

    COOPER: Candy, I mean could these demonstrations really have backfired and derailed a compromised deal, even among those who support some sort of reform?

    CROWLEY: Absolutely. I mean, the problem really is, first of all, the politics are that the democrats would rather have the issue at this point because it's an election year than a bill. The republicans would like a bill because it will be an accomplishment, but they have problems with their conservative core. And the people we talked to said listen, the demonstrations backfired. It left -- people looked and said well they're not working, and they're out demonstrating. You know, fair or not, the conservative core sort of toughened up. It seemed to have hardened both sides of this debate. COOPER: John King, a lot of talk, too about all the Mexican flags out in the street. Obviously there were a lot of American flags where organizers really tried to get American flags out there. But that certainly angers a lot of people. What are you hearing from the people you talked to in Washington?

    JOHN KING, CHIEF NATIONAL CORRESPONDENT: Well, that tactic, as Candy just noted, there is a backfiring from these demonstrations. And that tactic in particular has emboldened conservatives. Remember the key question here is, if they can get a bill through the senate, can they then get the house to embrace a more liberal immigration policy? The house members, most are from safe conservative districts. And back home in their districts they didn't feel all that much pressure to begin with. And what they are saying now is that this sends an anti-American signal.
    If these people want legal status in the United States, they should be holding American flags, they should be demonstrating for rights in the United States not celebrating Mexico or El Salvador. So to that degree, while the masses in the streets certainly showed the emerging political power and potential political power of the Latino vote, that symbol has helped the opponents of this measure especially in the house. It has simply stiffened the resolve of conservatives who say no to any new broad immigration reform.




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  • nk2006
    12-07 02:40 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)




    gcadream
    02-25 07:54 AM
    That is really cool man !!
    2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
    Thanks for sharing with us, lets see how the ball rolls out for me.




    smartboy75
    09-22 11:11 PM
    09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases

    If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
    Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
    OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
    Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
    Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.

    Source: www.immigration-law.com



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