Tuesday, June 14, 2011

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  • sanprabhu
    07-17 05:51 PM
    Guys -

    Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.

    NumbersUSA is reporting this in their website. Please we need to mobilize soon.




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  • virtual55
    05-03 07:01 AM
    ^^^^^




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  • kumar1
    01-15 09:55 AM
    Interesting article! It reminds me of 2001-2002 time when getting labor approved was extremely difficult. It was tough for companies to prove that there is no willing and qualified US citizen in IT field to do the job. We saw so many labors getting rejected that time. Well, it is all coming back to haunt us.




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  • meridiani.planum
    11-06 05:01 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.

    incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.

    In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.

    To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).



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  • inskrish
    11-18 05:37 PM
    I-485

    TSC --- June 27, 2007
    NSC --- July 05, 2007

    :mad:




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  • ashutrip
    04-19 01:47 PM
    --------------------------------------------------------------------------------

    Hi

    My Labor for GC was filed on april 9 under EB3

    I got promoted just yestaerday

    Is it true that the title change and increase in wages may create a problem with labor certification?

    Ashutosh



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  • hasil
    01-05 09:00 PM
    My wife came last May on H4 visa. I am on EAD and working with different company from Feb 2008. She had Advance Parole but she used H4 as it was simpler.




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  • shivarajan
    08-14 08:14 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."


    News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485



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  • rayen
    05-13 08:53 PM
    Experts,

    My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.

    1. Is he out of status?
    2. He can appeal with proper evidence to show that we have contract..with clients..
    3. What si the procedure.. pelase advice

    Thanks in advance.




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  • godspeed
    01-26 12:10 PM
    I moved to a different state with pending 485, however i paper filed AR-11.
    My 485 apps had soft luds within couple of days.
    Filed for ead and ap renewal from new address and got it at new address, i havent faced any issues with change of address.


    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.



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  • sweet_jungle
    10-13 02:28 AM
    I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
    My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
    Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
    Anybody with similar experience?
    How do I get this corrected?
    My category is EB2 India.




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  • gene77
    11-06 01:33 PM
    This topic has been discussed a zillion times in this forum. Please search all the threads.

    Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.



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  • pratibha
    04-23 09:25 PM
    When My immigration came through, my family and I all flew down by air, stamped ourselves as Landed Immigrants and then came back to states.
    You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
    To maintain the PR status you have to be the country for 2 years.




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  • dixie
    05-25 08:46 AM
    I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.



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  • cchaitu
    07-18 03:40 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    Can I join new company on my EAD after 180 days of I485 receipt date??

    One quick question:
    What is AC21 provision: is this a clause or any other application or ????




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  • rogerdepena
    07-17 09:53 PM
    Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..


    good idea. i stopped watching CNN since I've watched Lou Dobbs. I can't stand Lou Dobbs, he's a creature of hate. CNN should have the moral sense of firing Lou Dobbs. I guess CNN ASIA is totally a different animal, nevertheless I am not patronizing any CNN affiliated companies. Boycott them and spread the word.



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  • Ann Ruben
    02-09 10:47 PM
    Saurin,

    Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.

    A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.

    You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?

    Ann




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  • visshy
    09-15 12:52 PM
    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
    exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?

    her company is a US based company not desi consultant




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  • whattodo
    05-02 01:30 PM
    What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?

    I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.


    I think you can join the company immediately. To be in safe side you can apply for transfer in premium.

    As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).




    kaizersoze
    07-18 10:44 AM
    eb3,

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...

    Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
    Can you pls help 'convince' people to contribute...




    vkannan
    08-14 07:26 PM
    i was given a red dot as well.. jus coz i started a thread on Oct Bulletin - discussion! with a gracious addressing .. as A.hole!!! what one earth i did to deserve that..
    so anyways...I dont care a **** but this is imperialist

    After seeing the Sep bulletin rightly so ppl. who are struck with unfortunate EB3 category are frustrated, your post came at the wrong timing.....just to chill you off I gave you green enjoy....



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