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  • ciab
    09-05 10:57 PM
    i could use a flash footer.

    couldnt be bothered doing it myself.....





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  • cache22
    12-01 03:01 PM
    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.





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  • cableman
    11-20 01:46 PM
    My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.

    Thank you.

    You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.

    If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.





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  • like_watching_paint_dry
    09-01 10:51 PM
    First of all congratulations to all those who got their approval in the last couple months. Now comes the big dilemma for some of us. Did anyone tried to switch their jobs, or at least, ditch their current employer? Did anyone switched their employer immediately after the green card approval? I am sailing in this boat. I want to switch my employer ASAP, but is hesitating to do so... as you know there are some obvious reasons later. What are other problems that you think other than getting tons of questions during the citizenship? Appreciate your answers. ;)

    I've taken quite a few lawyer opinions on this. It is best to stay put for 6 months to a year if you want to play it safe. There's no rule set in stone regarding this. If there is a very compelling opportunity, go for it. If not, just chill a little. If your employer treated you badly because you were on the green card leash, return the favor by playing some games with such employers & enjoy the fun.



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  • hebbar77
    08-21 09:31 PM
    First time a post made absolutely no sense to me!:eek:





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  • zCool
    04-23 12:21 PM
    You will qualify.
    Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
    I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
    Beware!



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  • Becks
    01-21 06:47 PM
    This is relevant question and I feel that if recession hits US, consultancy companies may ask people go and work offshore till situation gets better. Most of big consultancy firms have projects from non-US countries so they may utilize people offshore.

    I hope situation wont get that worse. Just a thought.





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  • augustus
    07-09 04:24 PM
    Please while protesting, Try to position yourself in ways where the society will accept you. I took sociology and learnt a great deal and I feel minorities need to find a common ground and establish themselves with a new society. Please do not make them detest us or bully us in anyway. The racial slur will hurt our Commitment toward fair immigration. Mexicans brought US flags and acted like they are " them" - the common people of USA. We should win hearts by CONNECTING WITH CULTURE and SOCIETY WHICH WILL BE HOME FOR US IN YEARS TO COME.

    COME CASUAL. WEAR CLOTHES THAT PEOPLE IDENTIFY YOU WITH. FIND WAYS A COMMON AMERICAN MAN CAN UNDERSTAND YOUR SENTIMENT. I AM POSITIVE THIS WILL WORK. IT CREATES UNDERSTANDING THROUGH ESTABLISHING SIMILARITY.

    GO WELL DRESSED, WE ARE EDUCATED. WE ARE SMART. MEN NICELY SHAVEN, GOOD CLOTHES - THAT RELATES WITH SOCIETY. AND FANTASTIC SLOGANS. CATCHY AND BOLD. RIVETING AND CAPTURING.

    Thank you. Hope it helps. A new perspective is always refreshing and glad I am able to bring to you my sociological perspective from AMERICAN school.

    PS: I know some may disagree and that is fine too. But what I feel is, we are bullied sometimes you know as " curry" "smelly indians", Dirty hindus because we slack at times and take things lightly but as minorities we need to understand we have to work harder to go into the threads of American society but at the same time keeping our values and principles in place. STAND UP AND FIGHT FOR PROSPERITY AND JUSTICE. PREVAIL THE JUST.

    PUT IT SIMPLY : MY WISH IS WHEN COMMON AMERICAN PUBLIC LOOK AT US, THROUGH THEIR TELEVISIONS OR WHATEVER FORM, THEY MUST FEEL " WE NEED THEM, WHAT A WONDERFUL COMMUNITY" AND THAT COMES THROUGH ETIQUETTE AND GOOD PUBLIC PROJECTIONS BOTH PHYSICAL PROJECTIONS AND OUR EMOTIONAL FRAME WHICH REFLECTS OUR INTELLECT AND WHERE WE CAME FROM. NO MORE BLOODY,SMELLY TAGS TO US. LET US SHOW THEM WE ARE TOO FORWARD THINKERS AS THE WESTERN SOCIETY!!



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  • dalishi
    09-02 03:34 PM
    Hello:

    I was on H1B and was laid off last Thursday:(

    Now I am in the process of changing my status to H4 (my husband is on h1B), I heard the process takes 3-6 months. My questions hopefully someone here knows?

    1. Will I be able to travel overseas back home during this 3-6 months of waiting period?

    2. Can I apply for COS here in the U.S. and then go back soon afterwards and reapply H4 from the U.S. Consulate overseas when the COS to H4 is still pending here in the U.S?

    3. We don't plan to stay in our current address for more than 3 months now, can I use my friend's address on the form I-539 so when the COS is approved the notice can be mailed to my friend's home? Would it cause issues when INS notice that my address on Form I-539 is different from my previous on file?


    Thank you for your help!





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  • perm2gc
    08-30 09:55 AM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
    You attorney will have Receipt Number.You can email/call him..



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  • NolaIndian32
    07-24 11:39 AM
    I agree - hiring your own attorney would be the best option if money is not an issue.





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  • Blog Feeds
    07-15 03:01 PM
    A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.

    One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based &ldquo;EB&rdquo; visa preference categories that are divided into four separate categories.

    The four EB visa preference categories are:

    EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
    EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
    EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
    EB-4: Immigrant Religious Worker, filed on form I-360


    Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fianc&eacute; to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based &ldquo;FB&rdquo; preference categories are divided into four categories.

    FB-1: Unmarried sons and daughters of U.S. Citizens
    FB-2A: Spouses and children of lawful permanent residents of the U.S.
    FB-2B: unmarried sons and daughters of permanent residents of the U.S.
    FB-3: Married sons and daughters of U.S. Citizens.
    FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.

    The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State&rsquo;s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)



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  • thomachan72
    07-23 02:59 PM
    No problem





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  • andyny73
    12-09 10:31 AM
    Thank you for your reply.

    Andrea



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  • wandmaker
    11-30 10:04 AM
    aries: when there is no front-log, it is usually two weeks to reach the employer... add your employer or attorney shipping... email delays.





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  • Myvisa
    09-24 12:53 PM
    Is this a good time to Initiate GC process.
    ------------------------------
    I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.

    I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.

    -- Experts please advice me which is the best option : change the employer and start the GC.. ?

    -- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.

    -- In current market conditions is it safe to transfer H1

    --- Thanks
    Raj



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  • DDash
    02-12 12:26 PM
    Thanks for the link GC_ASP.

    Health insurance is a daunting concern, esp. in times like this. One suggestion is to think about High deductible HSA plan. This plan will work best for People who are healthy and have no health issues, but want to cover for the unexpected emergencies.

    For example, I opted for 0/1500 plan through Kaiser Permenante. This plan will allow you to roll over the extra $s into next year and from next year to the next, etc. You will build an account (and I think can invest the money to grow it further). You can use the funds from the account that you built over the years to pay for future expenses. But the catch is, they will pay for your claims only after you spend the first 1500/Yr. Basically, this is an option to control how you want to spend for your medical expense.

    Like I said its good for healthy adults. For children this may not work, because they might need more medical care than healthy adults.

    Cheers!


    Go to www.ehealthinsurance.com ,





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  • vsrinir
    05-14 04:41 PM
    http://judiciary.senate.gov/hearings/hearing.cfm?id=3859

    �Securing the Borders and America's Points of Entry, What Remains to Be Done�
    Senate Judiciary Committee
    Subcommittee on Immigration, Border Security and Citizenship
    DATE: May 20, 2009
    TIME: 10:00 AM
    ROOM: Dirksen-226


    OFFICIAL HEARING NOTICE / WITNESS LIST:
    May 13, 2009

    NOTICE OF SUBCOMMITTEE HEARING
    The Senate Committee on the Judiciary, Subcommittee on Immigration, Refugees and Border Security will hold a hearing entitled "Securing the Borders and America's Points of Entry, What Remains to Be Done" on Wednesday, May 20, 2009 at 10:00 a.m. in Room 226 of the Senate Dirksen Office Building.

    Chairman Schumer will preside.

    By order of the Chairman
    Witness List

    Hearing before the Senate Judiciary Committee
    Subcommittee on Immigration, Refugees and Border Security

    on

    "Securing the Borders and America's Points of Entry, What Remains to Be Done"

    Wednesday, May 20, 2009
    Dirksen Office Building Room 226
    10:00 a.m.


    Panel I

    Jayson Ahearn
    Acting Commissioner
    U.S. Customs and Border Protection
    Washington, DC

    Marcy Forman
    Director of the Office of Investigations
    U.S. Immigration and Customs Enforcement
    Washington, DC

    Mark Borkowski
    Executive Director of the Secure Border Initiative
    U.S. Customs and Border Protection
    Washington, DC

    Panel II

    The Honorable J.D. Hayworth
    Former United States Representative, 5th District of Arizona
    Phoenix, AZ

    Richard Wiles
    Sheriff
    El Paso County, Texas
    El Paso, Texas.

    The Honorable Chad Foster
    Mayor
    City of Eagle Pass, Texas
    Eagle Pass, Texas

    Dr. Douglas Massey
    Professor of Sociology and Public Affairs
    Princeton University
    Princeton, NJ





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  • maximus777
    08-25 12:28 AM
    A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
    Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
    Since he is born in India so reluctant to file under EB-2 due to endless wait.

    Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.





    Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
    rejected.

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








    More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)





    srikondoji
    04-11 09:36 PM
    Now. Don't try to scream.
    This is just unofficial and don't ask my sources.

    All i know is that as of yesterday there were only 18000 applications for Masters quota.

    Why did not they get filled as fast as the Regular quota?
    This is the reasoning my lawyer gave....

    "Most of the applicants for Master's quota were in confusion after April 3 after reading several bulletins about 200,000 or so H1-B applications. And some people didn't even apply thinking that the USCIS may have received more than enough master's quota applications even though the bulletin said that they were accepting more applications for Master's quota."

    I know of people who have submitted fresh H1-B applications under master's quota as late as April 7th.

    So guys, wait for the official numbers. Don't believe me. But do compare when the official news is released.

    I am surprised by the slow pace of Master's applications.



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