Jumat, 17 Juni 2011

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  • GCOP
    03-21 01:46 PM
    I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.

    Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.

    Hope this helps others.

    Can you please clarify, what details did you fill in following columns of I-94.
    1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)
    2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)

    My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ?
    I will appreciate your Input for the above questions. Thanks





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  • wellwishergc
    01-18 08:10 AM
    I was trying to donate some additional money. Got an error. Please check the error. I have also urged my colleagues to contribute.





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  • kumsoft
    07-19 01:15 PM
    EB2/ Delivered July 2nd @ 8:02AM to NSC





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  • WeShallOvercome
    07-06 02:36 PM
    They would just increase the fees , and we will paying them that money back.
    State never looses...


    Even in that case, all the benefits they were hoping to get from increased fees will be lost - and much more than that.

    Average fee hike is $500 but average reimbursement of expenses would be atleast $1000



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  • gsc999
    09-22 06:40 PM
    I have added a poll to this thread.





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  • sankap
    07-06 12:58 PM
    As I understand, if we win the lawsuit, they will accept all 485 filed in July, no matter July 2 or 31. But they will process July 2 case first.
    In its note http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf, the USCIS clearly says it would reject applications starting 7/2. So, how can it accept July applications--especially when many of them haven't been sent yet?



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  • Munshi75
    05-01 07:21 PM
    yeah it is frustrating, still people hang on to it, me too. There could be a meaning to it ! food for thought.





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  • funny
    09-22 04:03 PM
    All the Calling Threads need to be on Top today..



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  • panky72
    06-21 08:02 PM
    I have heard that USCIS is going to bring a law. Which states that if you have used AP you have to use your EAD. Or After using if you extend your H-1B than you have to go for a visa stamping. I am confuse how true is this rumor is?
    any comments

    Can you please tell the source of this news/rumour.





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  • green_world
    11-19 09:51 PM
    YogKc, how did you get the temp license? which state? am I eligible for temp licese at PA if I did not get the license before the current one expires..

    Seems like MOtor Vechile dept is fianlly caught up with the Retrogression. I have been driving with Temp DL past 5 months. I was thinking it was the random check but this thread makes sense to me now

    I have been living in US all my audlt life and I still couldn't figure out why it takes this long for them to check immigration status



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  • rkg000
    08-26 06:22 PM
    regarding FP, there are cases where no FP notice came after July 2007 filing, like mine, thats more than 15 months. And recenlty my friend's wife who applied as his dependent got FP notice, but he didn't. He's july 2007 filer too. So, not sure if FP notice really means anything.





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  • terriblething
    06-12 10:38 AM
    Thanks for your advice, buddy.
    My attorney told me that DA offer is not negotiable if just from my attorney side. I knew they have not good relationship, probably they have too much un-happy fight experience before. As before my pre-trial conference, he mentioned she (DA) does not like him. :(
    So that day my attorney give me 2 choice, go Trial or accept offer, I select first one. We already set a trial date at July. We have problem on strategy I think.

    Yesterday, I have conference with my attorney, he told me he could try to get that offer back. I don't know if trial already set, I can still change idea??? My attorney suggest my wife mail that DA directly and tell her the truth and see if that can help reduce or dismiss the charge. Now we prepared on this.

    One more thing, my charge is level 1 misdemeanor, not felony. Is that same excuse for deportation right away? What BIA stands for?

    Thanks!!!!!!

    This is a serious matter. Make sure that you have an attorney that understands both the immigration and criminal consequences of this charge. From your description it sounds like your attorney is just a criminal attorney.

    NEVER NEVER plead guilty to this charge. Force your attorney to meet with the DA and try to get a Pre-trial diversion (in which you do not have to admit your guilt in any fashion, volunteer to do extra community service if the need be). The definition of "Aggravated Felony" is much more stricter than any state's version of Felony. On top of it all in the eyes of BIA judge this is a Domestic Battery (No matter what the state charge indicates), making you deportable right away.

    I don't want to scare you but whatever happens you should not plead guilty to this charge. If nothing works out you are better of taking you chances with the trial (Especially since your wife can back you on your story).

    I hope this helps... Get a competent lawyer who understands the gravity of the situation.



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  • div_bell_2003
    01-15 08:38 PM
    How's AC21 involved in this scenario ???? :confused:





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  • waitingnwaiting
    05-31 08:26 AM
    ‘(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.

    ‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--

    ‘(A) has been lawfully admitted to the United States for permanent residence; and

    ‘(B) is a physician or other healthcare worker.

    ‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.

    ‘(d) Publication- The Secretary of State shall publish--

    ‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;

    ‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and

    ‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.

    (2) RULEMAKING-

    (A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.

    (B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--

    (i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;

    (ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and

    (iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.

    (3) TECHNICAL AND CONFORMING AMENDMENTS-

    (A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.

    (B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.

    (C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.

    (D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:

    ‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.

    (4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.

    (d) Attestation by Health Care Workers-

    (1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:

    ‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-

    ‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.

    ‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.

    ‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--

    ‘(I) the obligation was incurred by coercion or other improper means;

    ‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or

    ‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.

    (2) EFFECTIVE DATE; APPLICATION-

    (A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.

    (B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.

    SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.

    (a) Findings- Congress makes the following findings:

    (1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.

    (2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.

    (3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.

    (4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.

    (b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--

    (1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;

    (2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and

    (3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.



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  • WeShallOvercome
    07-08 12:43 PM
    I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?

    1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
    2. What options do i have now to retain my GC process

    Popoye,

    You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.

    Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.

    I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).

    Just make sure that your old employer doesn't revoke your I-140

    BTW, when was your I-140 filed?

    cheers





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  • ramaonline
    11-08 01:51 PM
    There are several brokers who specialize in NRI investments. You can find them in the local yellow pages.
    Check sunilgandhi.com



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  • vikki76
    04-09 05:00 PM
    If you are in IT-only discrimination you will face is against a fellow IT worker who is willing to work 14 hours a day.Caste ism politics is valid for less fortunate 70% of indian population who are not part of urban India.
    I really doubt that anyone who is posting on this forum belongs to that group.So please don't bring unrelated topics while discussing -who is giving on frustrations of H1-B





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  • srinivas_o
    07-09 10:15 AM
    Hi,

    I have tried to find out my labor info from this web site and I could not.
    My PD is Aug 2004/EB3 and the labor is approved by Dallas Backlog Center around Jan 2007. Which year file do you think I can find my labor info from this web site?


    You can find everything about your Labor stuff from here - www.flcdatacenter.com

    Good luck!





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  • sk.aggarwal
    02-06 02:02 PM
    Hello mr sk

    Could you pls help-

    What is I140 tracking number? How to get it?(I don't have any info about my i140 - only that it was approved and I have h1 extension petition of 3 yrs based on that.)

    And did you request part info or full info therein? Your case is a light in tunnel- you got the info in about 3 months - right?

    Thanks much

    Yes, I got a CD from USCIS with all my I-140. I requested for copy of I-140 approval notice corresponding to I-140 tracking number SRC.XXXXXXXXXXX. This is the same number I got from my employer for online tracking on USCIS website. It took over 4 months. I submitted this as soon as got approval on my I-140. If you dont have the tracking number, you may try to get your A# from employer or attorney. You can use the same reason that you are changing address or that you need it for visa stamping. I believe they ask for A# in visa interview form.
    I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.





    gcbikari
    04-15 12:59 PM
    link (http://www.desicrunch.com/)

    I think we should start a Employer Hall of shame and nominate employers who are either cheating the employees or the Immigration system.

    This will help future employees and the immigration community as whole.

    I am not sure if there are any legal implication to starting something on IV on this





    sertha1
    06-24 03:15 PM
    Hi bitzbytz,

    How much are you paying and for how many paystubs? Are you planning to go out of country for stamping? I am in a similar situation.

    Did you got the visa stamping dates?

    Thanks

    what do you mean by fake pay stubs, can you please clarify.

    I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.

    Why will this cause problem



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