Saturday, June 11, 2011

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  • pappu
    09-24 10:14 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.





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  • GCBy3000
    07-26 05:35 PM
    Can IV send email todya to all TEXAS members if it supports this move since tomorrow is the last day for registration.





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  • eb3retro
    02-04 04:36 PM
    has anyone requested USCIS to send AP via Fedex/UPS?

    I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.

    has anyone done this successfully?

    would help me a lot

    thanks

    whats so urgent about this?





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  • gc_peshwa
    12-09 10:54 AM
    Thanks IV for the update!
    Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!



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  • ashwin_27
    02-25 12:48 PM
    Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
    it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.





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  • krishnam70
    03-26 12:41 AM
    I just got approved for my 3 year extension I am on my 7 th year now.
    I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.

    So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.

    Here are the important points:
    0. Total amount is like $3K.
    1. 50% owed after 1 year
    2. 0% owed after two years of service.
    3. 100% owed when employment is terminated by either party :-0
    4. 10% per annum interest after the 31st day of termination.

    Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
    I dont care about the money, but I think this is borderline harassment.

    Note:This is not a desi consulting co.


    -R

    Employer cannot charge for H1b related expenses or GC expenses. It is illegal to do so and if reported could result in blackisting. IN fact I encourage you to do so

    - cheers
    kris



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  • jasmin45
    08-10 07:33 PM
    Hello everybody,
    How will this work for my wife (who is on H4 now)?
    If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
    Or MUST my wife also be present in US to file the I140/485?
    Pls advice.

    thanks,
    -Prasad
    Both of you have to be in US to file 485. You may co-ordinate with your attorney while in India to prepare the paper work. Fly to be here atleast on 16th August, Sign the applications and ship it overnight to USCIS so that it reaches them on 17th August.





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  • gcpain
    05-20 03:59 PM
    1. If ur attorney is an AILA member, Check ur status through AILA
    - My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?

    2. Call the USCIS customer service and submit an SR request
    - What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.


    All you Immigration gurus, please advice. Thanks in advace fot you all.



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  • sa.node
    02-15 09:01 PM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)





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  • InTheMoment
    08-18 11:58 PM
    So now an actual paper approval is not enough, a missing e-mail is giving you shivers :rolleyes: phew !!


    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007



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  • gauravsh
    03-22 12:33 AM
    Tragic accident in MO. My heartfelt sympathies to the families.

    http://news.yahoo.com/s/ap/20090321/ap_on_re_us/mo_officer_fatal_accident

    DesiXP


    Sorry to hear about this. May god be with there famlies in this tough time. I have been through some situaton like this and I can feel the pain.





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  • kirupa
    05-16 10:38 PM
    That looks really nice sparky!



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  • ajaykk
    08-09 10:44 AM
    FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.

    Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
    A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.

    Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.





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  • dilbert_cal
    04-24 11:39 PM
    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.



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  • gunabcd
    06-21 03:24 PM
    If black and whites are acceptable then i think you can make copies of an existing one, just make sure you copy it at your employers copier that too in the working hours, that's the Cheapest way of doing it.:D





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  • jaytubati
    05-12 09:14 PM
    gangadhargs ,

    Did you get for Finger printing for both I485 ?

    I got Finger printing for both. For the first I485 , I gave Finger printing in Mar 08. Now I got it for second.

    Please advise ...


    Thanks



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  • GC_ki_daud
    03-13 03:27 PM
    :confused:





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  • munnu77
    08-04 12:32 PM
    It was an audited PERM?

    it was unaudited..





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  • eb3_nepa
    12-18 12:37 PM
    In the long run EB2 will be better than EB3

    Or WILL it? :rolleyes:





    kingkon_2000
    07-27 10:24 AM
    I talked to my lawyer as I made the same mistake and they informed me that it should not be a problem..





    Dhundhun
    06-05 09:09 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.



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