martes, 7 de junio de 2011

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  • nonimmigrant
    03-31 06:16 PM
    Congratulations. Enjoy your freedom.

    What is the process did you followed to port from EB3 to EB2 ?

    New Labor with EB2 Job requirements
    I-140 Approval
    Port Over EB3 priority to EB2 after I-140 Approval

    (or)

    Do we have any other route to port over from EB3 to EB2.




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  • eb3_nepa
    11-05 10:28 PM
    Hello everyone,

    Can anyone shed more light on what kind of jobs qualify for NON-Cap H1B jobs?

    A few months ago people had floated the term "Non Cap H1bs".

    Thanks




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  • arouncoumar
    11-08 12:46 PM
    Yup, returning H1Bs qualify for emergency appt. I'd done it years ago.




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  • dilbert_cal
    04-06 02:03 AM
    Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.



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  • Rinsha
    03-19 08:55 AM
    Good observation, although I totally support this clause to oppose automatic citizenship.
    Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.

    They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.




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  • VDaminator
    06-09 07:51 PM
    Here is my return volley it didnt come out the way I wanted but I kind of like it the way it is.



    more...

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  • hebbar77
    11-23 04:06 PM
    I found ICICI money2india better than CITIBANK (rate wise). I have been using ICICI money transfer for last 4 years!

    I would like to know anything better too!




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  • Munna Bhai
    02-08 11:59 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.


    Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??



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  • GooblyWoobly
    09-26 06:43 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......


    Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
    At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).

    The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.




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  • Dhundhun
    06-01 08:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

    If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

    Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.



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  • wallpaper kids. image: kids


  • gconmymind
    11-30 04:23 AM
    I filed my AP renewal online, I used my discover to pay my dues.

    I did not submit any paperwork, I got an RFE just for photographs.

    Most important thing for AP-renewal according to my experience is photographs.

    I hope this helps, message me if you have any additional questions.

    I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?




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  • Oasis52
    05-15 02:44 PM
    Current Status: H1 (visa stamp expires Sept 2011)
    Citizen-India
    Current: Company A (Has filed for h1 extention on May 1 under normal processing)
    Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

    Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

    I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
    >Can i travel abroad even if my tranfer is under process
    >When i enter, what documents do I need to show at POE?
    > Can i enter with Company A visa stamp
    >Any issues if current employer informs USCIS about my resignation?

    Its a emergency travel i cannot avoid. What needs to be done to make my trip



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  • add78
    06-11 08:56 AM
    This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.




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  • Leo07
    01-14 01:06 PM
    ...and Good Luck



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  • jkays94
    05-03 11:20 AM
    We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests

    Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.


    We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.

    Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.




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  • conundrum
    05-25 07:44 AM
    It seems the lines to the senator's (Kennedy's) immigration council/staffer is busy, asked me to call them after 5 mins... second time that is happening!!! Very fustrating..........



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  • rameshvaid
    05-27 10:22 AM
    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.

    Thanks Bfaldia for sharing the info..

    RV




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  • Munna Bhai
    01-09 01:14 PM
    Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

    Looks like they may work on May 2007 cases sometime this month occording to NSC progress.

    please share your inputs




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  • wandmaker
    07-12 08:41 PM
    Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

    People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

    By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

    Here are the things that needs to be fixed...

    1. Country quota
    2. Recapturing visas.
    3. 3 year EAD/AP
    4. End the endless wait ( Proposing a new law )
    5. Remove the same/similar confusion in AC21


    What is "End the endless wait" ?

    EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

    Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

    Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

    Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
    __________________
    Attended the DC Rally
    Contribution: $150
    Sent letters to President/IV
    Status : I-485 pending, PD Feb 2005, EB3 - India

    We have been running a funding drive for months with the target of 50K and it is sad to say we are not even half way through. I see only 200+ members contributing to funding drive. To execute any idea, you need money - especially law suit requires lot of money :) IMHO, all should make IV financially sound, if the immigration community to see some fruits




    anandrajesh
    09-21 04:52 PM
    Point 2 in ur post is in the agenda. Ability to File 140/485 even if the dates are not current. Looks like this will be the least controversial of all things we can ask for, but will solve majority of our issues. This one thing doesnt ask for any EB numbers increase, doesnt look for H1 B increase and doesnt ask for anything that will have our opposition groups jumping up and down




    GreenCard4US
    07-16 07:14 PM
    I don't know where there is thread regarding this but this quite a serious matter, we should up the ante. They are sending millions of faxes to all Senators with this false information and guess who the Senators will believe. Can we sen counter faxes but will get lost in their faxes, maybe need to call them. Lets not forget this issue while waiting for the bulletin.



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