Tuesday, June 14, 2011

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  • psk79
    05-30 12:20 AM
    My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.

    Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.

    Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?

    Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.

    Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.




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  • WaldenPond
    07-21 08:48 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    Hi Suk,

    We have been already working on this. Please see:

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

    On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

    This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

    Thanks for your help!




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  • Interests: Anime, cats


  • kondur_007
    08-21 08:14 PM
    Thanks for your opinions.

    Sorry, I should have included my Category EB2 and Country India in the original post.

    I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).

    I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
    I am sure there are many on the board like me, and I guess I am looking for some courage, either way.

    I would add one more thing: make sure to get an advise from a good competent lawyer, as in certain cases it is advisable to send AC21 package to USCIS and in others not. There is no clear law or memo on this. But a competent lawyer should look at everything and make that decision.

    In any case, my personal opinion is: If you have a good offer, MOVE ON. You will be just fine.

    Good Luck.




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  • looivy
    12-22 10:13 PM
    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!



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  • Mr. Cat in the anime Princess


  • lostinbeta
    10-04 12:28 AM
    You can use the paint bucket yes.

    Or you can select white as your foreground color and use CTRL+Backspace to fill it (or is that ALT+backspace, either way, one of them uses the foreground color as fill and the other uses the background color as fill, just test it and find out if you want :))




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  • logiclife
    06-04 01:10 PM
    This is the text that i see on Govtrack.us
    http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
    Are we missing some thing here, I see SKILL is part of this draft!!:confused:

    That text is last years text that was initially put in place as a place-holder BEFORE the grand compromise was reached.

    After the grand compromise was reached, the text of the grand compromise replaced the entire text of last year's bill (that has SKIL) was the next text.

    Amendment # 1150 (S.A. 1150) Sponsored by Sen. Kennedy is a 400 page amendment that replaces the entire text that was intially in the bill with the new text. Its a "Substitute" amendment.

    Read the S. A. 1150 text. Its also on IV homepage as PDF.



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  • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.




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  • neko - Neko Anime Characters


  • chanduv23
    11-21 03:45 PM
    maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.

    You can do it too :)



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  • BharatPremi
    11-09 04:00 PM
    if you have a resume, we'll just ask you to send it along
    as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
    we are not really interested in your GPA (superlative as i'm sure that is!) :D


    :D:D:D I'm sure writing skills can right away be determined from it. Analytical skills, yes... But my career resume would not say how skillful I was dealing with local BJP/Congress/Bahujan Samajwadi corporators or local district magistrates while I was in India:D

    Would wait for green signal to send it.




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  • milind70
    08-28 11:46 AM
    Thanks bond65

    Immi_enthu,
    I was talking about Traditional labor, and mines is not a case of substitution so i never signed anything .Infact at the time of applying labor i did sign some forms but nothing in 140 stage only signed g 28 at 485 stage.
    From your signature your 140 is approved so u need not worry about that.



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  • The NEW official Anime Cat


  • hmehta
    07-13 07:52 PM
    All,

    My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.




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  • nviren
    03-24 05:34 PM
    To me it looks like a good channel to sell anti-immi books written by Roy Beck and Leon Kolankiewicz



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  • Interests: anime,cats,music


  • techskill
    08-10 05:44 PM
    There is an Indian guy who applied on June 1st and got approved.

    http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
    http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195

    But the OP's approval doesn't make sense


    But that was Oct 2002 PD, so he was eligible to file




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  • smc
    07-26 12:47 PM
    This looks like he is trying it again. The older one (which was defeated) was Amendment 2339 of HR 2669, which was defeated on 7/19. This is Amendment 2428 of HR 2638 (which they are currently debating) and has a date of 7/25.

    Hope it passes this time.



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  • ilikekilo
    04-30 10:01 PM
    good one there...way to go




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  • rsayed
    05-26 09:39 PM
    Three years clock ticks from the day filed, one year is down, two to go.

    ...I like the attitude :)



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  • yabadaba
    01-26 10:59 AM
    If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....

    In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.

    Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!

    Good Luck folks!!
    TSC is june 21st for I-140




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  • h1bemployee
    06-25 04:18 PM
    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    2. What was amendment for?
    amendment is for change in annual salary
    3. Why H-1B amendment was denied?
    The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
    The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.

    Please answer these questions, before I can put my opinion.


    _______________________
    Not a legal advice.
    US citizen of Indian origin

    Pls see my answers under the questions




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  • natrajs
    08-30 05:00 PM
    Congrats and Best Wishes

    Thanks for your support to IV




    minimalist
    10-08 01:37 PM
    I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
    1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
    I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
    2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
    I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
    I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
    I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
    This is today, 10/08/2010.

    I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
    If anybody else has experience or knowledge of this process , please post to this thread.




    sajimm
    08-16 11:21 PM
    Me and my wife took the chest X-ray and didn�t take the TB skin test. Doctor has checked the �not taken� check box for the skin test and �negative� under the X-ray section in the medical report.

    Wondering this is going to get us in trouble

    Anyone else in the same situation?

    PD 2003 April EB3
    485 applied - June 27th, Receipt and FP notice received.



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