пятница, 17 июня 2011 г.

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  • hsingh82
    06-07 03:10 PM
    Just want to share my experience at the airport with visa valid till Oct'09 and I-797 valid till May'11 from different employer. Officer looked at my visa and asked me when are you planning to get visa stamped based on new I-797 and I replied that when I go out of country next time. He granted me I-94 valid based on I-797 date. Very smooth.




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  • psaxena
    07-07 12:58 PM
    Please refrain yourself from passive user of IV. Ganguteli is right, when asked anyone to donate or to volunteer they back out and come back hoping IV will help them , why??

    If someone is in trouble is only for the reason we don't are not united. We move in 10 different direction, and also only when there is emotional outburst or some issue, before that nothing.

    Think of the guys supporting the Hispanic population, they got their GC, mostly citizens but still helping and funding , what are we doing .. nothing.. on top of it try to suppress someone who try to raise the voice to get together.



    Mr Ganguteli!
    Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.




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  • ilanbenatar
    04-25 12:17 PM
    Thanks man, appreciate your quick response.
    Glad to hear you got your visa :) was it hard and strenious?
    I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.

    Best,
    Ilan




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  • Munna Bhai
    08-23 12:04 PM
    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.

    Swede is correct, you need to have all the documents...here is the classic couple of case:

    a)One person was deported as he was not able to show the document and immigration department didn't had.
    b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
    c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension

    So you are free to conclude..



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  • GCNirvana007
    10-08 05:03 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Ok. So whoever runs my payroll is my employer. Lets say its Company C.

    Question is

    Am I obligated to Company A in any way?
    Am I obligated to Company B which had my recent H1B?

    Based on the answers i am assuming no but will wait to hear from you guys.




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  • mjdup
    03-01 06:14 PM
    Quite obvious why the jobs get outsourced. Great !



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  • abhijitp
    02-18 01:05 PM
    I didn't receive any confirmation from USCIS regarding interfiling.


    I have been trying to know this too... is interfiling guaranteed to work?? Or have there been examples it just got lost in the pile of applications at USCIS?

    Sorry to hear about your situation. Experts, please try to help bmeduru11!




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  • glus
    12-18 01:05 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....



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  • serg
    10-30 08:50 PM
    [Apologies for the cross-post]
    Since there are lot of ppl here who have had EAD/AP for years ...
    Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?

    Thanks

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    "Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires."




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  • mnq1979
    10-23 05:07 PM
    I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.

    hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?



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  • gandalf_gray
    06-02 10:27 AM
    It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.

    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?




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  • texcan
    08-05 12:35 PM
    I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.

    Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.

    Thanks to InTheMoment for bringing it up..... that's what I had in mind too.

    I am happy to hear and see that you are happy.

    Now can you please close the thread, this is wasted energy flying everywhere.
    Again its not you, its the actions ( including now when i am typing a response).
    Please close this thread. Please, please.



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  • pd052009
    09-13 02:51 PM
    You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
    Hi pd052009,
    Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
    Thanks.




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  • JunRN
    11-05 12:32 PM
    The good thing though, if your PD becomes current and you file AOS for them, they will follow your PD and will be approved along with your case. Meaning, your wife will always be in queu with you and overtake those with later PD.

    The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.

    Worse is if they have to go back to your home country and wait from there.



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  • vinay@ocean
    06-10 12:30 AM
    I am very thankful for such a generous response in such a short span of time.


    I have everything back with me except I-94 and VISA ( which can be had in india).






    I owe this forum a lot.....:) and i will have to repay it ...




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  • regacct
    11-23 01:27 PM
    Why the Anti-immigrant Dog Did Not Bark in Illinois (http://www.huffingtonpost.com/robert-creamer/why-the-anti-immigrant-do_b_787368.html)

    In the Sherlock Holmes short story "Silver Blaze" the famous detective focuses his analytic prowess on the "curious incident" of the dog that did not bark in the nighttime.

    In the recent mid-term elections there was a similar "curious incident" in Illinois that is important nationally. No major candidate in Illinois from either the Republican or Democratic Party demagogued the immigration issue. Neither the ultra-conservative Republican candidate for Governor, Bill Brady, nor the supposedly "moderate" candidate for Senate, Mark Kirk, ran ads, did mailers, or used talking points about the supposed scourge of illegal immigrants taking jobs or sponging up our tax money. Nor did any major candidate for Congress.

    It is definitely true that a number of the Republican candidates that were elected to Congressional seats hold anti-immigrant positions. But they did not choose to use those positions as wedge issues in the recent election. Why not?

    A possible explanation is that Republicans in Illinois are a kinder, more reasonable group than Republicans elsewhere. That, I'm afraid, does not pass the laugh test.

    You could argue that it's because Illinois has a large immigrant population in general and a large Latino population in particular. But so do Colorado, Nevada, Arizona and California where Republican Party candidates tried to use "illegal immigration" and "amnesty" as wedge issues to galvanize their base.

    It is true that Illinois has a more immigrant-friendly tradition than some of the states in the Southwest. Much of the Caucasian population in Illinois comes from recent immigrant stock themselves - from Ireland, Poland, Lithuania, Italy, Germany, Croatia and Serbia.

    But there is also a more old-fashioned reason. Demagogues and bullies tend to prey upon those whom they consider too weak to strike back. It turned out that in Nevada, California, and Colorado they made the wrong call, since their demagoguery galvanized turnout among Latino voters that defeated right-wing candidates for the Senate.

    In fact, the Latino vote saved the Senate for the Democrats.

    But in Illinois the right didn't even try their demagogic tactics. That's largely because the immigrant communities in Illinois have worked hard over five election cycles to build a muscular political organizing vehicle that gets out the immigrant vote -- and can bite back fiercely at anti-immigrant demagogues.

    In 2008, Jim Oberweis ran for Congress against Democrat Bill Foster on a heavily anti-immigrant platform and was flattened by the Illinois Coalition for Immigrant and Refugee Rights. That experience sent a lesson through Illinois' right-wing political class. Nothing like watching one of their own get scalded to teach others not to touch the stove.

    The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) no leads The New Americans' Democracy Project . This year, 13 electoral organizers worked for months in both the City of Chicago and the Suburbs. They targeted 133,128 infrequent immigrant voters for a multi-contact phone and door operation, and before the election was done the volunteers they recruited did a total of 549,000 live phone calls to their universe of Latino, Asian and Muslim voters.

    This work has been growing in scale and bite since 2002 when it began with no funding and in only nine precincts. At this point the immigrant vote can no longer be ignored by either party. Here are several key lessons from the Illinois immigrant organizing experience:

    1) Consistency Counts: ICIRR has had between 10 and 20 full-time immigrant election campaign organizers every election since 2004. They begin their work in July and work through November, building a "recent immigrant" field operation. In every single cycle they add new skills to their electoral organizing.

    2) Numbers Count: The immigrant voter program has registered over 90,000 new immigrant voters. They door-knock between 35,000 and 60,000 doors every election cycle.

    3) Diversity is Strength: The Democracy Project works with leaders and organizations in Latino community, but also the Asian, Arab, and Polish immigrant communities.

    4) Mine the "Base" and work the "Swings": The electoral work is done in the immigrant "base" Chicago port of entry neighborhoods to generate numbers, but also in swing suburban political districts where multi-ethnic immigrant organizing multiplies the voting power of Latinos. The activation of new immigrant voters in suburban "swing" communities forces Republican attention to immigrant issues.

    5) Reward Friends, Punish Enemies: ICIRR keeps track of who engages in immigrant bashing -- and stikes back. When Republican anti-immigrant candidate Jim Oberweis polarized voters against "illegal immigrants", ICIRR released to the media a film of undocumented immigrants cleaning his business while being paid only $3.23 an hour. When old-school Democratic Mayor of Waukegan, IL attacked "illegals" with local law enforcement of immigration laws, he went down to defeat in the next election because Latinos in Waukegan mobilized to support his opponent.

    6) Naturalize, Naturalize, Naturalize: ICIRR has one of the most aggressive citizenship programs in the nation. All told, an additional 170,000 immigrants were naturalized in Illinois over the last five years. The coalition itself directly assisted over 48,000 of those legal immigrants to become citizens, and thus voters.

    ICIRR is not a partisan organization. In fact, their most recent fundraiser was headlined by the popular former Republican Governor Jim Edgar. But because of the track record of Republicans across the country, its organizing definitely benefits Democrats. In fact, Democratic Governor Pat Quinn - who won by fewer than 20,000 votes -- would not likely have been re-elected had it not been for their work.
    On the policy side, ICIRR works for immigrant-friendly policies, and by any definition they have succeeded in winning some of the most immigrant-friendly policies in the nation at the state level in Illinois.

    The state of Illinois leans Blue, but it has wide swatches of Red. In the recent elections the Democrats barely lost the Senate race and took some terrible losses in the Congressional delegation. But in addition to electing a Democratic Governor, both the State House and Senate remained in Democratic hands. The immigrant vote was critical to these Democratic victories, but it is also a force that Republicans ignore or abuse at their peril. In this election, at least, Illinois Republicans generally had the good sense not to bait the immigrant community.

    In the current environment of racialized fear and polarization against immigrants across the U.S., the hard work of immigrant advocates in Illinois provides two key lessons:

    * Demagogues go after the weak, not the strong. You don't stop anti-immigrant demagoguery through accommodation, you stop it with strength.

    * Nuts and Bolts Organizing works.



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  • lfadgyas
    01-13 09:42 AM
    Assuming (but hope not) you will be laid off:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

    As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
    i) you are working for your sponsoring company OR
    ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
    iii) have an offer letter for some company who willing to employ you when you receive your CG
    well, then you will have issues�

    2) Can they cancel my approved i 140?

    I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

    But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
    So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

    So here it is:
    -Collect your immigration papers;
    -Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
    -Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
    -Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
    -If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
    -If you move: report your new address!




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  • syedajmal
    07-11 08:08 AM
    I have been in the same situation where I had switched from a H1 to H4 and when I got a job the lawyer just applied for the H1 as it was counted. ( I really believed I needed a new one) . I got it approved. So she is fine with just a transfer.




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  • anu_t
    05-13 04:53 PM
    His position requires Masters Degree

    The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
    just "masters degree required" is sometimes not enough.




    doubleyou
    05-20 11:31 AM
    Pappu, Thanks for the link it is informative and looks like IV had raised the namecheck issue. Let us see if there are other members on IV still experiencing FBI check delay.

    Maybe then a retouch of the issue will be helpful.




    jani07
    04-01 06:49 PM
    with persons like this is to ignore them. He not ashamed of his abuse of system. I don't think we owe him answers.



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