Friday, June 24, 2011

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  • kaisersose
    07-24 04:34 PM
    Hi,

    If I have a permanent offer after 180 days of Receipt date (I 485)...

    Is this offer should be in the same location (state) where my labor got filed ???

    Please advice...

    Thanks

    No. These questions have been answered already several times. Use the search feature.




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  • kshitijnt
    04-16 11:59 AM
    Best thing to do is, go out, take a stamp and reenter. No harm in that. If the I-94 is not attached to the approved L1A, then it is illegal otherwise it is legal.




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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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  • va_labor2002
    09-24 05:44 PM
    Dear Core Team and other Members,

    Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
    He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !

    I sent an email to him ,requesting to publish an article on legal immigration issues. Please send him an email. Also, please send some documents and real stories to his address by Post. email id is : rajiv@washpost.com

    Contact Rajiv Chandrasekaran at:

    The Washington Post
    1150 15th Street, NW
    Washington, DC 20071
    (202) 334-6000
    rajiv@washpost.com



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  • modvik
    05-25 12:12 AM
    Thats a great idea. Could one of the moderators please do this. Raise the urgency on this so that some the dormant ones do it as well.




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  • 485Mbe4001
    11-18 07:28 PM
    I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael



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  • stupendousman11
    12-05 12:55 PM
    Any updates on the IV Chat? Are the transcripts available anywhere?




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  • sundarpn
    07-07 02:51 PM
    Have a similar question. My 485 (EB3-I was filed in July 2007). Yet to be married and have to bring spouse on H-4.

    My question is around options to keep my spouse here in case I loose my H1b status.

    1. How easy difficult is it to get converted to F-1 visa?. (Does the university / program matter? I guess it would)

    2. Can the spouse start the program on H4 then convert to F-1? Can this be done quickly enough after loss of primary's H1 status? (worst case).

    3. Other thean F-1, what other options are there if primay looses H1 status (i.e. uses EAD).
    thx



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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!




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  • dontcareaboutGC
    08-20 02:53 PM
    I spoke to the US mission- they dont have information yet about the process change for people who want to take appointments after 1st of Sept.

    However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.

    Hope this helps.



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  • vactorboy29
    05-14 02:36 PM
    I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.




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  • add78
    05-01 10:49 AM
    I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

    1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
    2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?

    Thanks,
    Ag

    1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

    2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.



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  • uffyegc
    10-21 02:25 PM
    Hi Prashanthi,

    Thank you for your reply.

    As per company immigration HR, "since H1B extension was filed (Jun-06-2008) one week after GC labor filing (May-29-2008), we can apply next H1B extension based on May-01-2011 expiry".

    Can you please reaffirm that we ought to file extension based on April 16, 2010 and not May-01-2011.

    Thanks again for your input.




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  • ricky26
    03-14 10:24 AM
    As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.

    H and L visa's are exempt from having AP as long as they have stamp in their passport.



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  • Can2004
    03-14 10:54 AM
    Hi everyone,
    I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.

    I had applied for AP in january but its still pending at NSC.
    Now I have to go to India for my brother's marriage.

    My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.

    Thanks




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  • rameshhi
    06-17 07:15 PM
    What does this mean ?
    "Our electronic records show that your application is with the adjudications officer for review."

    EB2
    PD JAN-06(NSC)
    Thanks

    Please let me know th outcome..
    I recd the same responce for "Cross-Chargeability", I owe you, If you can direct me.. please.. please...



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  • nixone
    09-18 05:59 PM
    Two IDIOTS gave me red dots and these comments:

    --------------
    H-1B and working overtime 08-21-2008 11:31 PM ask the doctors who work more than 80 hrs a week

    H-1B and working overtime 08-21-2008 09:58 PM Who gave youa H1 Visa, you dumbo?
    --------------

    I do not understand what was wrong with my question here. I did not know there are idiots roam around this forum and give people RED DOT for no reason. I wish there is a way to know who gave those dots and comments. Get a life you idiots.




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  • desi3933
    06-24 12:13 PM
    ..........

    My questions are:
    1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
    2. Will her EAD still be valid if I leave my job ?
    2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

    Thanks a lot for your time and attention,

    1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
    2. Her EAD is based on her I-485 application. Her EAD will be valid.
    3. See #2.

    Good Luck.


    __________________
    Not a legal advice.




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  • njdude26
    04-08 05:08 PM
    Then what do you do if you dont have a candian permit ??
    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab




    anu_t
    08-13 06:05 PM
    joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.




    enqueued
    06-21 06:00 PM
    Ask her to talk to her attorney. That is the right thing to do.



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