Kamis, 23 Juni 2011

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  • raj2007
    05-13 06:49 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

    It takes a long time time in India.. It will be much faster depending on state.

    You can withdraw your application citing the reasons. Your date is not current now, so you can wait for some time to withdraw your application.





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  • mmj
    04-19 04:21 PM
    Why not to use that very same ID you have been using for 2 years to post this one also? That way others will know you have been a member and also contributed in the past. No confusion and peace.

    Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...





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  • rb_248
    12-13 03:21 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------

    Congratulations on getting ahead. Make sure this is not a scam. Especially during such crisis times, we are very vulnerable.
    Employer asking for financial agreement - hmmmmm...... After making sure this is not a scam, confirm again.





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  • smisachu
    05-15 12:18 PM
    Yes. Everyone please contact your state chapters. IV is running a massive effort and we need all the help we can.
    Members from NY/NJ/CT, please join the yahoo group. Murli and others are leading a strong campain. We need more support.



    Always check with your state chapters.
    State chapter leaders are more aware of our work than what we post on the forum for public.
    There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.

    There maybe some more news today. Hopefully... Stay tuned.



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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.





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  • chanduv23
    10-10 07:32 PM
    SWITCH

    S-SATYAM
    W-WIPRO
    I-INFOSYS
    T-TCS
    C-COGNIZENT
    H-HCL

    IS that what this means?



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  • vactorboy29
    02-12 10:28 AM
    I don�t think he will have any standing against you in court of law. If you have ur documentation strong then nothing to worry. He is just trying to give you hard time. Even if he does so take him to all levels, I am sure at the end of day you will not loose anything but he may get burned by this. File all claims like harrasment; Unethical practices to run business and more if attorney suggested doing so.Just be strong and cool ......





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  • ChainReaction
    07-17 10:34 AM
    Date moved from October 03, 2006 to October 06, 2006.. :-(

    I also can't see the updated processing time for TSC

    Can you tell me the processing time for i140 Skilled and professional worker
    thanks



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  • EBX-Man
    05-12 12:42 PM
    I agree.
    Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
    Green card holders do not even want to be friends with H1B.
    H1B do not want to be friends with F1.

    H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.

    Green card IV members do not even want to come back here.


    And your point is ...............................????





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  • bkarnik
    04-10 03:26 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.



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  • IV2007
    07-24 04:23 PM
    I applied for EAD renewal (efile) on June 2nd.

    Did FP on 26th June.

    recieved email yesterday !!!





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  • saileshdude
    10-27 11:10 AM
    nrk,

    I see various possibilities. Best bet would be to take Infopass soon and find out.

    1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.

    2) Do you have any case against you (ciminal or civil) in your home country?

    3) Did you have any unlawful status of more than 6 months during your presence in US.

    4) Do you have any case pending here?

    5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?

    These are just few things that may cause this.

    Do update us what you find out after Infopass.



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  • asdcrajnet
    07-17 10:59 AM
    California
    ----------
    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement July 11, 2006
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
    I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
    I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child January 13, 2007
    I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 31, 2006
    I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003
    I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001
    I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001
    I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005
    I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005
    I-131 Application for Travel Document All other applicants for advance parole April 09, 2007
    I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 28, 2005
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 13, 2007
    I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 03, 2006
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
    I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 10, 1997





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  • mhathi
    09-21 01:18 PM
    Don't judge each day by
    the harvest you reap, but
    by the seeds you plant
    Robert Louis Stevenson

    :D Macaca strikes again with his arsenal of quotes!!

    This is a nce one though. You must have a lot of reading under your belt.

    Cheers!



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  • venkygct
    08-29 11:05 AM
    ^^^^^





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  • dummgelauft
    01-25 03:09 PM
    So their punishment is getting to live on an island in the south pacific? Sounds more like a reward... :D

    the keyword is "Un-Inhabited"..



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  • eilsoe
    02-05 01:58 PM
    WOHOO!!!!! :P:P:P





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  • pady
    08-20 09:07 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.





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  • god_bless_you
    02-20 06:20 PM
    http://www.aila.org/content/default.aspx?docid=24696





    chanduv23
    05-15 12:53 PM
    Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.

    All those big ones were actually small shops. Outplacement is a common practice, the intent of numbers USA and PG is to target anyone who is on H1b and not just desi shops.

    So many desi shops or Amricaan shops do outplacement and pay competitive saalaries and have nothing to do with outsourcing. CIBER and Ajilon are huge outplacement companies, but very rarely indulgein visa gouging as they deal only with transfers and involve in transfers only after client agrees to hire the consultant





    ak_manu
    12-22 01:35 PM
    Hello All,

    I have applied for PIO card for my son (who is US citizen) a month ago. We need to travel to India in end of Jan 2011 (have 1 more month). I am not sure when i would get my PIO card. Not sure if I would need to apply for ENTRY VISA to India for my son. I concern is I would have to also send out his original passport along with VISA application. I am worried if it might get lost. Q's -

    1 Does any one have idea how long it took to get the entry visa?
    2. Has anyone applied for entry visa and has any nightmares like loosing passport etc?

    Thanks
    AK_MANU



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