Saturday, June 11, 2011

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  • TexDBoy
    09-10 11:44 AM
    If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.

    It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.

    The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.

    I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...





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  • pmamp
    04-19 08:03 PM
    It ought to have some impact on members of Congress.

    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten





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  • LloydsApple
    11-12 04:39 PM
    The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)

    Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.





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  • GCNirvana007
    04-04 05:44 PM
    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    Active EAD should keep your status ok

    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return



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  • InTheMoment
    05-02 11:25 PM
    janakp,

    Almost 100% of your posts have this putting_cold_water on_ones_enthusiasm flavor to it.

    Know that there is a skill in even lettting your "pearls of wisdom" be delivered in a non-negative but effective fashion.

    For once learn it !





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  • Life2Live
    04-30 01:12 PM
    perhaps this will help.

    http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm

    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.



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  • luncheSpecials
    03-14 09:57 AM
    let them work .. now EB2 is current.. we all will get GC slowly





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  • skv
    07-05 03:57 PM
    It's unfortunate, but that's the reality. History says that "British took advantage of divide and rule concept in India during their rule." If the empherors/kings/people were united, that wouldn't have possible for the British.

    I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)


    Sorry for the typo, I was typing really fast. I meant "I know there are"



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  • shukla77
    03-10 04:16 PM
    I did mistake of not submitting I-94s and I went through lot of problems.it took a long time to get the dates corrected on the I-94s.





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  • sandyn16
    11-01 12:30 AM
    I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
    I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
    I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
    Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.



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  • chanduv23
    07-27 04:04 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

    As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.

    Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.

    Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.

    People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.





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  • anurakt
    12-21 04:19 PM
    I promise ... last bump of the day !! or may be not......:D



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  • Dipika
    08-04 09:07 AM
    Signature is updated.





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  • nixstor
    11-01 03:43 PM
    My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?

    Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

    Can you request your brother to sign up on IV after his work at his facility? Every member counts!



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  • apb
    08-08 01:23 PM
    Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.





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  • vishwak
    03-09 12:41 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.



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  • jetr
    08-27 01:22 PM
    >> My qn is what if company A cancels my 140?
    3 year H1 extension may be denied.

    >> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
    Yes.


    ____________________
    Not a legal advise.

    Thanks desi3933.
    My followup qn to this is ..

    If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

    Thanks





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    04-05 03:08 PM
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  • sanprabhu
    07-13 05:58 PM
    Here is an excerpt from the blogs of one immigration attorneys

    I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.

    But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this

    http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html

    PS: If this is already discussed the moderators are free to merge it, chuck it

    If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.





    m306m
    12-12 01:43 PM
    1. To travel out you won't have a problem. Just ensure that the ticketing agent takes the expired I94. Your really don't need the copy of your I485

    2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.

    Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.

    Have a safe trip :)

    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.

    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree





    looivy
    09-02 02:56 PM
    What options do I press to reach the customer service rep?
    Thanks.

    Sorry for starting a thread because I could not locate the info.

    How do I reach a customer service rep at USCIS toll free number to create an SR. What options do I select to reach the customer service rep?

    Thanks.

    Sorry for posting this thread. I could not locate the information on the forum.

    What options do I select to talk to customer service rep?

    Thanks.



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