Minggu, 26 Juni 2011

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  • BPforGC
    10-16 03:21 PM
    It really depends on the situation. When your pay stub comes from a different state and your employer is in a different state, your H1B is transferred to a different employer than someone who originally filed your I-140... changing employers... using EAD for a different job than what you claimed in your labor... can amount to more scrutiny. Before you get your green card, they want to make sure you still work in the same area or job that you claimed in your I-140. Hence, big shifts in profile should be avoided.

    H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.





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  • a1b2c3
    02-11 11:26 PM
    Did you contacted congressman or opened any SR's ?

    I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
    With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
    Btw, Chris, what is your status?





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  • uslegals
    09-17 01:51 PM
    Spoly - Stop crying like a baby & show up for rally and then see how ur life changes..! If u think IV does not care about immigration reform - you got another comin'..!! Wake up & smell the coffee pal.! We all are IV..!! So who is the YOU that u are referring to in ur post.!





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  • swissgear
    06-24 11:20 AM
    NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business)

    NYC mayor, major CEOs lobby for immigration reform
    By SARA KUGLER FRAZIER, Associated Press Writer

    Associated Press June 24, 2010 04:56 AM Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
    Thursday, June 24, 2010

    06-24) 04:56 PDT New York (AP) --

    Chief executives of several major corporations, including Hewlett-Packard, Boeing, Disney and News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform — including a path to legal status for all undocumented immigrants now in the United States.

    The group includes several other big-city mayors and calls itself the Partnership for a New American Economy. It seeks to reframe immigration reform as the solution to repairing and stimulating the economy.

    Bloomberg and Rupert Murdoch, chairman and CEO of News Corp., appeared together Thursday on Fox News to discuss the effort.

    "We're just going to keep the pressure on the congressmen," Murdoch said. "I think we can show to the public the benefits of having migrants and the jobs that go with them."

    Bloomberg added, "Somebody has to lead and explain to the country why this is in our interest."

    The CEOs said Thursday in statements that their companies — and the nation — depend on immigrants.

    "It's our great strength as a nation, and it's also critical for continued economic growth," Walt Disney Co. Chairman and CEO Robert Iger said in a statement. "To remain competitive in the 21st century, we need effective immigration reform that invites people to contribute to our shared success by building their own American dream."

    The group says it intends to make its point to policymakers by "publishing studies, conducting polls, convening forums and paying for public education campaigns."

    The tactics are similar to those used by Bloomberg's coalition of mayors who support gun control.

    Bloomberg has for years criticized the federal government for its immigration laws, proposing in 2006 a plan that would have established a DNA or fingerprint database to track and verify all legal U.S. workers.

    The billionaire mayor, a former CEO of the financial information company Bloomberg LP, also said at the time that all 12 million undocumented immigrants in the United States should be given the opportunity for citizenship, saying that deporting them is impossible and would devastate the economy.

    Lawmakers who wanted to deport all illegal immigrants were "living in a fantasy world," he said.

    He has recently taken up the fight again, declaring this week that U.S. immigration policy "is national suicide."

    "I can't think of any ways to destroy this country quite as direct and impactful as our immigration policy," he said Wednesday. "We educate the best and the brightest, and then we don't give them a green card."

    The group's main immigration goals are to secure the borders, develop an easy system for employers to verify work eligibility, hold companies accountable for breaking the laws and improve the use of technology to prevent illegal immigration.

    The group also wants more opportunities for immigrants to join the U.S. work force and a path to legal status for all undocumented immigrants.

    Bloomberg spokesman Jason Post said no money has been spent on the effort yet, and he could not say whether the group will be a standard nonprofit, a political action committee or a group known as a 501(c)4 nonprofit, which can operate outside the more strict limits governing political action committees.

    The business leaders in the coalition employ more than 650,000 people and make more than $220 billion in annual sales, combined.

    The effort marks Bloomberg's return to national issues after he spent 2009 campaigning for a third term, focusing mostly on New York City's municipal concerns.

    The Republican-turned-independent spent about two years testing the waters for an independent 2008 presidential run, but ultimately he gave up the idea.

    By recruiting business leaders and mayors into a national-issue coalition, he is highlighting both of his backgrounds in running a city and running a business, which could be seen as an early move to dust off his presidential aspirations.



    Read more: NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business#ixzz0rmwAKPQ7)



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  • desi3933
    02-04 04:47 PM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered......

    Did she ever report for work for H-1B employer in 1998?
    Was her original H1 visa cancelled or revoked?
    Are 60 days up since her B1 visa entry?
    Does she has valid job offer along with recent LCA?

    If her H-1B visa number was re-used, she my be subject to H-1B visa cap.


    ____________________
    Not a legal advice.





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  • yadav
    10-24 03:31 PM
    my lawyer sent mine on july 27 (normal no premium) and on october 10 i got an email from USCIS that my application is approved, yesterday got email from lawyer that he received the approval.

    Your might be on the way, i would suggest wait for few more days, if lucky might save 1000$.



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  • raysaikat
    04-22 01:41 PM
    I think i understand:) Thank you.
    As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?

    Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?

    i really appreciate your opinoins, thank you very much.

    Talk to the immigration attorney your company is using. You (guys) do need a home residency requirement waiver to be eligible to work on H1-B. IIRC, the waiver has to come from both your home country as well as US. Anyway, I am not well conversant on J visas.

    There is an annual 65,000 visa limit for H1-B visas. There is an additional 20,000 visas for M.S. degree holders in STEM (Science, Technology, Engineering and Mathematics) disciplines from US universities. Non-profit organizations and US universities are exempt from the quota limit.

    The application time window for H1-B that takes effect on Oct 1, 2010 opens on April 1, 2010 (i.e., H1-B VISA starts from the start of the fiscal year, and application for that opens in the previous April). A few years back all 65,000 VISAs would get exhausted within a couple of days after the window opened (i.e., by April 3-4, all VISAs would be gone). AFAIK, the H1-B quota for 2010 (i.e., for H1-B VISAs that would start from Oct 1, 2010) is not yet exhausted. But it is always a very good idea to do the petition as soon as you can.





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  • ss1026
    08-06 08:58 AM
    According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E

    I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry



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  • murali77
    07-16 02:03 PM
    Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.


    How can you say that ? Please explain
    Murali





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  • zCool
    04-15 03:08 PM
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    -- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.

    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    -- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.

    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    -- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.



    Dear Friends:
    I would appreciate if someone could answer these 3 questions for me:

    As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.



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  • paskal
    07-29 01:17 PM
    good joke too
    will try redress your reputation...





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  • h1b_holder
    03-15 11:20 PM
    can someone please give me some advices about this situation?

    I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
    Nothing changed in 2007, and I didn't leave US at all.
    Then in June 2008, my visa status changed to H1B (and H4 for spouse).
    I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
    Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
    I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)

    My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.



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  • das0
    04-08 10:11 AM
    Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

    If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

    Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.





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  • senk1s
    11-09 01:28 AM
    We were not even included in this counting :)
    our ND is in Oct



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  • Illuminae
    06-05 12:48 PM
    i was sending out a resume today, and i was EVER so tempted to stick this site in my portfolio..

    then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...





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  • joydiptac
    04-22 07:35 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
    Case 1: The guy went for his MBA
    Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.

    In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.

    I suggest you get a second opinion from another lawyer before wasting a LOP.
    Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
    Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.



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  • gc_chahiye
    12-10 11:35 AM
    Hi All,

    Just posting my experience of traveling on AP as a reference for others:

    I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.

    In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.

    The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.

    Simple process, no hassles.

    Enjoy!

    thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.





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  • jonty_11
    11-02 10:18 AM
    It depends what you wrote down in your labor application. You can mention that job is consulting and clients are all over Continental US. I am sure you employer must not have told you that and didnt apply that way. Typical of consulting firms, so taht they can get you to pay another labor..which they can use for substitution.
    So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.





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  • Libra
    10-24 10:08 AM
    yeah it took almost a year to send an RFE that too after repeated calls to CIS.

    Libra,

    Congrats!!! Did it take an year for the RFE itself???

    Romesh and naresh,

    Any updates?

    thanks,
    Sampath





    uma001
    04-15 02:08 PM
    Hi

    Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect


    I second that Senthil





    malibuguy007
    09-16 02:57 PM
    You can search for the senator's name and see which district he/she represents on a map on wikipedia. If you know someone who lives in that area request that person to call. It makes an even bigger impact if a constituent calls.



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