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  • WeldonSprings
    01-29 12:42 AM
    Also, the E-Verify bill was supposed to expire this March 06, 2009; but has been extended by four years because of the House Stimulus Bill. It is still in the senate. It has to be stopped.




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  • 4greencard
    05-27 11:37 AM
    How will the new bill affect the I-485 processing time?

    Does anyone know the minimum and maximum times required for I-485 processing?

    What type of factors delay the I-485 processing?

    Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?

    Thank you in advance for your information.




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  • nozerd
    04-16 03:02 PM
    I love H TOWN

    Moving here is a decision you will not regret. Its probably the best place to live in the US if you take all factors into consideration.

    As far as hot and humid - dont forget everything is Air Conditioned and even in the summers early mornings are not bad (if you are the outdoors type).

    If you have any questions do let me know




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  • mnq1979
    05-21 03:10 PM
    You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
    If you've made decision to work for your current employer on Permanant basis then that would be it..
    It's not good or bad.. just keep it simple

    hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?



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  • slayer173314
    10-25 03:36 PM
    Anyone who filed in July still waiting for a receipt / rejection notice?
    I filed on July 2nd - haven't heard anything yet.




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  • Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.


    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.


    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.


    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.


    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.


    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)



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  • nixstor
    09-17 11:55 AM
    I agree with the confusion part of your post. How ever, the timing should be good for a name change and I am sure atleast it will have some people say "hey, look these guys are waiting in line". But if 100 out of 100 people here are because of issues being faced by EB issues, I dont see anything wrong in associating ourselves to that cause. In fact, if any one comes to the website and reads for a minute its crystal clear that we are trying to alleviate the situation for EB applicants. In the visa bulletin, I see EB and FB categories. Am I missing some categories in Legal Immigration? (excluding getting enlisted)




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  • nousername
    08-20 09:13 PM
    May be this will help you:

    1. At POE there is a possibility they might give you the I-94 till December'09 only as that is when your PP expires. If this happens you will have to worry about filling for your H1 extension in November v/s in June, 2010 to get an updated I-94.

    2. To best of my knowledge if you have a valid visa stamp on your passport then the Indian PP office needs to return the renewed PP in 24-48 hours.. My dad had something like this a while back, not sure if they changed the rules. Have someone from your family in India inquire about it.

    In short get your PP renewed either before you leave or in India, don't wait to come back on an expiring PP.


    I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.

    Thanks,



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  • sobers
    07-26 11:38 AM
    Team IV:

    A number of immigration provisions are being attached to the must pass Iraq Spending Bill. Is it possible to explore attaching the SKIL Bill or atleast one or two temporary relief measures (like I-485 filing)?

    If it requires additional funds, I think members will contribute in no time. What do you say guys? Senators are helping out illegal and low skilled workers, isn't it time to give some relief to LEGAL, HIGH SKILLED workers?


    ===========



    http://www.denverpost.com/nationworld/ci_2663758

    Washington - Senate Democrats and Republicans reached a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.

    The immigration measures spilled into the Senate's debate on an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the U.S. on claims of asylum.

    Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Sen. Barbara Mikulski, D-Md., that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.

    Another, by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farmworker advocates, but it faces opposition for providing legal status to some workers.

    Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.

    "While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders,' Chambliss said.

    The White House, Majority Leader Bill Frist, R-Tenn., and other Republicans had pleaded with senators to keep immigration off the spending bill and address the issue later. Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.

    Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B temporary-visa program, saying "the cat was already out of the bag on immigration.' Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.

    The House's Iraq spending bill includes the immigration measures that its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. Sensenbrenner withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to reach Bush's desk.

    They are almost universally opposed by Senate Democrats but also by state motor-vehicle commissioners, some GOP senators and religious groups that say people fleeing persecution would be harmed.




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  • nfinity
    07-17 11:08 AM
    I have jumped on this a couple times.



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  • pappu
    06-05 11:26 AM
    If you are unable to come to DC, please contribute to this effort by donating funds to immigration voice. It will help us recuperate the costs associated with hosting such a high profile event in Washington DC. If you have not contributed,
    click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.

    Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.

    Our angst, our insecurity:

    Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.

    Early effort wins:

    The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.

    How you can help:

    You and help in two different ways:

    Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.

    Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.

    Thank you.

    Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).




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  • immi_enthu
    09-28 05:05 PM
    That's the reason why they are now changing the receipt date to September even if you filed on July 2nd..
    I think this is just their way of saying......give us another month.


    They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.




    The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.



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  • rockstart
    03-01 07:28 PM
    Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.

    Hey Tiger,

    Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.

    Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension




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  • rakesh_one
    10-10 10:47 AM
    You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.

    I faced similar issue on EAD. I have put two checks. One for 180 and other for 160. (total of 340). I have put a self addressed , pre-payed envelope and wrote a letter asking if they deem the fee is 180, then they can return or destroy the 160 check. I my case, they used both the checks and discorded the envelope.



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  • lostinbeta
    10-21 10:18 PM
    Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.

    Poofiness..... ummm..... airbrush tool :P




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  • Macaca
    03-28 05:46 PM
    "it's up to you, we're here to support you but we do not recommend you take this route"
    Part-time MS and prt-time Ph D are two different animals.

    Most MS's have a fixed number of courses; some require thesis. You can complete them at your pace as long as the courses are offered at a time that fits your work schedule.

    Ph D depends on major and deptt. Some majors require lot of work. The normal components of Ph D are courses, general exam, proposal, proposal defense and dissertation defense. Course work varies from school to school. There are very good schools with no course requirement. Proposal can get very intensive and requires full-time effort.

    Happy education!



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  • aviko21
    09-29 06:36 PM
    its all normal...........

    they are not processing it as efficiently as you would like but its getting done...
    like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
    give it some time, they are under a lot of stress with the number of applications.




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  • neerajkandhari
    06-07 03:47 PM
    I have mailed the Rfe reply they received it on June 5

    I have seen LUD today sunday June 7




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  • GCapplicant
    02-01 07:57 PM
    We had a similar problem during Dec 06 - Our bill came around 400 ...We reside in NJ...

    We were surprised because we spent almost 20 days in Florida.

    when we called our provider there wasn't much help ,they never accepted that it was a fault.

    I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.

    Then thet agreed not to charge for three months.

    So check your meter...and previous bills usage ...for comparison...

    But where were you at a stretch all those months??




    gc_check
    07-14 07:18 PM
    My lawyer has everything ready to go, Will monitor the situation and will decide accordingly... Most likely, looks like mine will be applied towards the end of July... Also depends on what August VB has to offer, but her concerns are what if USCIS not receipt nor reject and hold the papers, saying the cases are subject to litigation and will not process until a court decides....? etc... and mean time if the dates become current.... what needs to be done...

    Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....

    Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected




    mdcowboy
    02-25 08:45 PM
    I don�t want to get into this fight or judge the OP. They are already paying the price for they did. Just I want to reply for your post. If it has happened by mistake we can consider put ourselves into their shoes. I believe most of us do not want to shoplift intentionally. Some people are doing it for fun/thrill or it�s in their blood. In this context, I failed to understand what do you mean by 'Put yourself in their shoes'.

    People got one more channel to vent their frustration... Never mind...

    I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.



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