Wednesday, June 15, 2011

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  • 485Mbe4001
    04-13 05:44 PM
    Dont worry about it for the moment...just sit back and watch the fun;) ..if both houses decide to take it up then give it a thought...

    Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.

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  • lfadgyas
    02-15 08:02 AM
    I guess there is a �law� which allows the Attorney General to cancel your removal process if certain conditions are exists. So, this is not automatically granted like you can file for it �hey I�m here more than 10 years �� it states only that they �may� cancel the removal� ( by the way this is during the deportation process � so probably you do not want to test this part)

    Read below:


    Sec. 240A. 1/ (a) Cancellation of Removal for Certain Permanent Residents.-The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-

    (1) has been an alien lawfully admitted for permanent residence for not less than 5 years,

    (2) has resided in the United States continuously for 7 years after having been admitted in any status, and

    (3) has not been convicted of any aggravated felony.


    (1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-

    (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

    (B) has been a person of good moral character during such period;

    (C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and

    (D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

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  • go_guy123
    01-11 05:19 AM
    It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?

    Canada PR rules have been tightened in Feb 2008. Once you lose it , next time you may not get PR if you apply.

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  • meridiani.planum
    01-08 12:03 AM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release) Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States. Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas. H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.

    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...


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  • DSLStart
    01-28 01:02 PM
    Not to disappoint you but in this case appeal does not have a good chance. Look at the link here ( rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...

    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?

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  • wandmaker
    06-12 05:56 PM
    What is "Letter of Acquirement�

    Can you please tell me what is "Letter of Acquirement�'

    My company is Acquired too, the New Employer just gave me a Letter Copy
    explaining the Merger, do Official docs were shared with me.

    From whom did u get this letter.

    Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.


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  • solaris27
    10-05 10:12 AM
    Apply your H1B extension for 3 years with wife H4 ...this will resolve problem but don't wait .

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  • GCBoy786
    10-08 03:54 PM
    We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?

    I-485 receipts from NSC.

    Most of my friends LUD is updated within 2 days of giving finger prints.

    Please post your experiences.


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  • pappu
    09-07 12:59 PM
    I am thinking of opening a thread on IV forum to sell my couch. I am sure there will be many potential buyers.:D :D
    This thread is closed for now. We do not wish to encourage members to advertise on this site. The site should be focussed on IV issues and EB immigration matters that members can discuss.

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  • JazzByTheBay
    08-21 01:24 PM
    This is great - thank you!

    I'll be traveling to/from SFO. Have the new AP Receipt Notice.


    hi jazzbythebay,

    i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...


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  • Waitnwait
    01-26 12:58 PM
    i have asked the question to president. i guess number of votes matter on what questions will be asked. so i request to all of you to vote for my question.

    Please search for this text

    "antcipate any relief for skilled immigrants in near future?"

    and vote for it... Good luck

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  • rick_rajvanshi
    07-26 03:38 PM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?

    Please give me some directions.

    Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.

    Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature

    If you want it quicker - just keep running along with your application at all stages. I got it done on the same day

    I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
    Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.


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  • doggy
    07-22 06:44 PM
    How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
    Am i missing something?
    Update : Or do i need to fillin a new I9 form

    You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

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  • satishku_2000
    12-21 08:05 PM
    There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.

    Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.


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  • HV000
    11-02 09:59 PM
    According to OH Law's website:

    11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!

    One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.

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  • div_bell_2003
    10-16 02:16 PM
    As far as my understanding goes , AC-21 is nothing but a rule/memo that allows you to change your GC sponsoring employer. You can decide not to send the AC-21 papers , which pretty much means that your previous company is still your GC sponsoring employer and you are required to work for them once the GC ( also please understand that GC is for a future position ) is approved and stay with them at least 6(or more) months otherwise later down the road ( when you might want to become citizen of this wonderful country) , it might cause some problems to the extent of USCIS determining that as some sort of immigration fraud.

    My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.

    I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )

    I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.


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  • gc_peshwa
    09-14 02:41 AM

    You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:

    I dont know about you but I certainly don't enjoy the daily grind of "When will I get GC?", BTW Raghunathrao was one of the bravest Maratha warriors of his time, albeit misguided :(
    I dont mind your comments shreekhand...I just pray your thoughts turn as sweet as your handle:D

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  • delhirocks
    07-11 11:38 AM
    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.

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  • psk79
    08-24 08:50 PM
    Hi guys,

    I know J Barrett has been a star of this forum for a while.

    I just wanted to check if anyone in a similar situation as mine as received any update on their 485.

    140 approved from TSC in May 2006; LUD on 7/28
    485 received at NSC on July 2, 2007
    485 received and Signed for by J Barrett at 10:25 AM


    I am in the same boat.. Jul2, NSC filesd I140 approved in TSC received by BArrett @1025am

    10-30 08:58 PM
    Calling all Washingtonians.. please make it a point to attend the meet and greet event!

    06-20 08:48 AM
    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.
    Do they also take digital pics? I have already got photos taken from CVS...and they said its passport I still need to take from AAA?

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