Tuesday, June 14, 2011

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  • pnjbindia
    04-07 06:48 PM
    what is he is the primary applicant and he is in ROW coz of his wife..how does that change things?




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  • easygoer
    10-09 06:17 PM
    Can IV core put some light on -

    Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?

    If NO, any way to add that in?

    Thank!

    Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?




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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.




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  • Nikith77
    04-09 11:52 AM
    congrats, You got green. it was a long wait. I am happy for you.



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  • mn1975
    07-17 01:12 PM
    we just came back from india (June end) to SFO

    At primary area the officer just saw AP, scanned passports, checked something in the computer and sent us to secondary area.

    At secondary inspection just submitted APs(all copies),passport. After 45 mins they called us
    returned the passport, I-94, and one original AP all stamped

    If you are married and your wife is coming alone make sure she has all original copies of AP

    We came from ahmedabad, and the immigration officer knew about AP so was smooth, but can be a real headache if airline guys are unaware of it (headache means time consuming).

    hope this helps




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  • abhi2001
    02-26 05:35 PM
    Another option here -

    I was on H1B for about 4 years and after that on L1A via a COS for the last 1 year. (total 5 years). Currently I am on L1A with company A.

    If my future employer B files for my H1B I don't have to go thru the cap/quota since I already was on an H1. I assume this is correct.

    - So till the time my H1B is approved can I still be with employer A on L1A visa?
    - Will moving to H1B with company B be my choice (of when I want to resign from company A and move to B) or will I be forced to join company B as soon as my H1B is approved?
    - Parallel to the above company B files my GC.

    Can this be done?

    Thanks for all the help.



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  • kartikiran
    12-17 02:11 PM
    My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

    My question is that is 2 months of AP validity / cushion enough or safe to enter the US.

    Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.

    Thanks in advance for all your time.

    Used NY POE. Arrived on July 5th with expiring AP on Sept 9th. No problems.




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  • willwin
    10-01 03:09 PM
    Where did everyone get the 10 days estimate from??

    As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.

    I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.

    EB3 India - well, can hibernate for the next 3-4 years.



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  • meridiani.planum
    03-12 02:46 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?




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  • ImmigrationAnswerMan
    07-19 01:09 AM
    Yes, but if you file them both at the same time it gets complicated controlling which one will be the final status you end up in.

    It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.



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  • gcnirvana
    04-20 11:29 AM
    I am not sure about the voting schedule but the immigration bill will be debated in the Senate during the last two weeks of May.

    I read this in USA Today:
    Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
    --------




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  • iv_only_hope
    08-15 12:01 PM
    Thanks a lot for reply. I just want to make sure she can go to canada, cause she has a bachelors degree from India. Forgetting the security checks, I was reading that for such ppl they say go back to home country for stamping. Mostly ppl with us degrees are fine. WOuld she be safe cause she had one h1 stamped in india few years back?



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  • desi485
    01-08 12:55 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?




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  • HRPRO
    05-04 01:43 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D



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  • dskhabra
    12-05 09:55 PM
    If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
    You might get some idea of job description from the documentation you filled for labor but again will not be exact...




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  • sriteam
    07-06 12:02 PM
    Taking a cue from above........

    Why did Washington Post not cover a very important issue that effects Legal Immigrants when DOS & USCIS Slammed their Doors ,on July 2 2007, in an unprecedented/unlawful manner that resulted in millions of dollars wasted and dreams shattered of lawfully present Highly Skilled Immigrants.

    Links for further research below

    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
    http://www.nytimes.com/2007/07/06/us/06visa.html?hp
    http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj
    http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg


    Thanks



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  • TomPlate
    07-05 12:47 PM
    Did you guys called... Senior Members please call or search from
    www.switchboard.com




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  • desi485
    07-26 07:30 PM
    These Immigration lawyers should all be rounded up and publicly FLOGGED to stop them from making such BLUNDERS!! :p

    we should go to consumer court and ask attorney to refund money as he/she did not provided services properly and made mistakes. Why should one pay?




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  • ghost
    09-21 04:38 PM
    Thanks! guys.....All in the same boat then....Screwed.....

    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!




    brij523
    02-17 10:59 PM
    Sent you a PM

    Thank you.

    Any IV core member will like to join the call? It would be better.




    alterego
    06-26 07:28 PM
    You do not always have a LUD on your 485 when your EAD/AP is processed. I have had 4 such applications so far, my wife likewise. Once, out of these 8 times(Collectively for both of us) there was an LUD and subsequently an easily cleared up RFE(about current job) for me.
    LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.



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