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Monday, June 13, 2011

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  • roseball
    07-18 03:21 AM
    Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....





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  • ufo2002
    05-31 11:11 AM
    Asian,
    I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
    That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
    But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.





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  • giveme_gc
    10-01 05:48 PM
    On the contrary, he is friendly. There are very many Indians working in the non-IT sectors and doing very well. So the perception of racism based on our mental stereotype has to change. There is hardly anything racist in this video.





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  • johnnymore
    03-18 04:12 PM
    Wow, thanks so much for the fast responses. You can see how confused I am....I was in the wrong forum. Thank you for the heads-up and the redirection to the proper forums.

    Much appreciated!!

    Johnny



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  • mzdial
    March 27th, 2004, 02:19 AM
    Well.. speak of the devil.. I did score the publisher's tickets for the Heat game.. Not where I thought they were though.. It's section 14, row 5, seats 10,11,12,13. So I'm over in the corner behind you it appears.

    Checking the Fieldhouse website it says:

    "Camcorders/Recording Devices:
    �Still� cameras are permitted at Pacers, Fever and Firebirds games. No Video cameras are allowed. During other events this policy will vary, and guests may be asked to check these items in at Guest Relations in the Entry Pavilion."

    I've never bothered to bring a camera into the games ever.. It seems as they are pretty liberal in the policy -- kudos to them.

    Now I'm going to exploit it. :-) My wife is going to the game with me and I'm guessing she is going to give me grief if I drag the borrowed 300 w/o the hood into the game.. I went down to work to borrow it this afternoon.. I'll probably have to settle for the 70-200 after she throws a fit.

    Are you shooting the game Steve?

    -- Matt





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  • rr_immaculate
    08-04 11:58 PM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.



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  • eastindia
    04-20 08:59 AM
    I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.





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  • masti_Gai
    01-05 09:04 AM
    coz...
    Many people have started moving from EB3 to EB2 and retaining their priority date.
    Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
    So the no of cases in EB2 have increased in an alarmin scale after 05.
    but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
    All the best. Hope ur decision really pays off....:)



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  • codehari
    04-09 12:46 PM
    I did the same cruise with just Drivers License.

    As ship travels in US waters no need to have VISA Stamping...

    Unlike Alaska cruise ships leave US waters and enters Internationa waters, so you need VISA.

    Cheers.





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  • nixstor
    09-10 08:42 AM
    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.



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  • ImmiRam
    09-13 02:31 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?





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  • H1B-GC
    07-13 03:23 PM
    The blog is an 'ancient' news in IV.This been discussed and discarded



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  • greenmonster
    11-30 08:05 AM
    Hi,

    I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

    Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

    I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
    During this time they would continue with my green process.

    In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    2. Temporary resignation and rejoining - is it really feasible?

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Please pour in your thoughts.

    Thanks for your help.
    Hello Guru's

    Please help on this. Need your suggestions/ thoughts.

    Thanks





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  • krishnam70
    02-22 11:45 PM
    hi,

    My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.

    Around 3 months back i joined a company as a permanent employee using my EAD.
    I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.

    I recently got an update on my H1 application with the following message.
    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    I am assuming it has to do with cancellation of my H1.
    I am not sure if my I140 is cancelled or not.Is there a way i could check this?

    I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?

    Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.

    Since i was without project for a long time, i had to join the new job using EAD.

    Please let me know your opinions.

    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris



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  • vijayam
    09-15 05:34 PM
    Thank you for the reply.

    I did my Master's here.

    And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.

    ---Vijaya.





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  • eager_immi
    07-22 12:44 PM
    I have read this document as well before. That is one of my reason I wanted an explaination where interim EAD was terminated. Thanks

    Hi

    This is what is mentioned on the I-765 form.

    http://www.uscis.gov/files/form/I-765.pdf

    Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:



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  • sukhyani
    12-20 11:50 AM
    yeah the two shows 'Daily Show with Jon Stewart' and 'Colbert Report' run back to back. I have not seen any media personality that influential in shaping public opinion. They are mostly honest and ruthlessly blunt about issues.

    IV members, please post your comments on his message board. If there are a substantial number of posts, only then we can hope for him to ever talk about our issue on his show.





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  • Administrator2
    03-24 09:37 PM
    bump





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  • eb3_nepa
    04-30 10:17 AM
    This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

    Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

    The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?


    Excellent points!

    Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?





    samcam
    05-19 03:56 PM
    Welcome to our newest member, gmpa

    I think I missed a couple of you..





    GCHope2011
    09-12 11:01 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.
    Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.

    Which means that all status and benefits that are based on the underlying I-140 petition become null and void.

    You should definitely consult a lawyer to understand what options you have now.



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