Sunday, June 26, 2011

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  • franklin
    06-15 02:52 AM
    H1 B extension under current laws (if on H1B for 6 years)


    3 years extension if I140 approved and PD NOT current

    1 year extension if LC approved and PD IS CURRENT


    EAD or H1B - both RIGHT NOW are only 1 year extensions...

    As I understand it, as long as you don't travel using your EAD, you can maintain H1B status. If you use EAD, you lose H1B

    btw - as a side note, having multiple questions in 1 thread is almost impossible to track and answer. Ever heard of thread hijacking?!




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  • rockstart
    06-16 10:06 AM
    I think we need the list of new congress men/ women to call as part of phase 4 of the campaign.




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  • GCBy3000
    05-19 09:35 AM
    Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"

    Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.

    Patience wins in this GC process.




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  • letstalklc
    11-06 01:39 PM
    Whats up, guys!

    FYI:
    My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
    I got audited on November 2007. I filed the petition on October 2007.

    Good luck with all of you guys.
    Thanks for the supports!

    Congratulations...great news.....good luck for the next steps...

    Is your perm is filed by Fragomen Law Firm?

    My PD is Sep 5th 2007...still pending....dont know when it's gonna approve...



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  • mrdelhiite
    08-07 10:42 AM
    You also need to include the filled in Form I-134.

    http://www.uscis.gov/files/form/i-134.pdf

    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M




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  • sapota
    02-27 01:51 PM
    From March 05 to Sep 06 data can be found at :

    http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf

    This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.



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  • kaisersose
    06-02 03:24 PM
    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?

    Here is how I see it,

    1. You use your EAD and quit your employer.
    2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
    3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
    4. But she is no longer in the US legally and so she cannot really apply.

    I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.




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  • prem_goel
    03-07 08:06 PM
    Hello Ann,
    I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.

    Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.

    I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.


    Please advise,
    Thanks
    P





    Hi Prem,

    As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:

    "Q10: Who is eligible to use the H1B "portability" provisions?

    A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.

    Q11: Are there any other limitations on the portability provisions?

    A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."

    However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.

    Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.

    Hope this information is helpful.

    Ann



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  • sdrblr
    09-27 12:09 PM
    On a side note, what do you guys suggest to use for trading for someone like me who does it occasionally and very low volume both in terms of quantity and $. Currently I use share builder... is there anything cheaper and better than this.




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  • maine_gc
    04-20 02:00 PM
    I-94 also does not have the date written



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  • kprgroup
    08-03 05:21 AM
    My EAD details

    Mailed Date : 5/24/10
    Received Date : 5/26/10
    Notice Date: 06/03/10
    Checks Cashed: Yes
    File Type: Paper/E-filed/Lawyer - Lawyer
    Service Center/Lockbox : TSC
    RFE DATE: N/A
    RFE Description: N/A
    SR Opened: Yes ( 07/26/2010)
    InfoPass: NO
    Current EAD Expiry: 9/03/10
    Approval Date:
    Approval Desc:
    EAD Validity:


    I have opened SR @( 07/26/2010) and got the reply back by mail below
    ----------------------------------------------------------------------------------------------------
    The status of the Service Request is
    Case type:-- I765

    The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

    Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

    -----------------------------------------------------------------------------------------------------

    Is this denial of service request or denial of EAD Renewal?
    I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

    What should I do now? Please let me know.

    Thx
    KPR




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  • rolrblade
    07-27 04:44 PM
    do they have to attach copy of email with the application?
    In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.

    you are fine : read this from USCIS website:

    Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.

    Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
    Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.

    this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.

    All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.



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  • vallabhu
    01-02 02:08 PM
    I have applied from Texas SC

    My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role




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  • nik.patelc
    01-11 02:30 PM
    I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.


    PD : EB2 I - OCT 2004
    I140 approved, I 485 pending > 180 days. On EAD
    50 Dollars monthy contribution to IV.



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  • abq_gc
    09-05 04:48 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?

    It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.




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  • Pasquale
    03-01 05:04 AM
    It could be neat to see a photo comparison to the real thing so the likeness can be observed!



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  • Jeff Wheeler
    11-27 04:04 AM
    I find that Silverlight and related .NET stuff works extremely well cross-platform. Apps like Banshee (http://banshee-project.org/) are cross-platform (really, not like Flash and AIR which suck on Linux and Mac) and work wonderfully on every platform (alright, bad example: there’s not a Windows port at the moment, because of the underlying audio libraries, but it’s all C# stuff).

    Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.




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  • jungalee43
    02-16 12:35 PM
    The most important issue related to Retrogression is the 'per country of birth' quota. The problem of retrogression would be much less severe if this quota is abolished as it was done I believe in AC21. Can anyone confirm about this provision in AC21?
    I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.




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  • ravi
    09-13 10:55 PM
    I am eligible for emeregency appointment as I am coming to India to
    attend visa interview as I got new i-20 for MBA program starting january
    2007. Please I request you to provide me information on how to shcedule
    intervie before dec10, 2006, so that accordingly I will buy the
    flight tickets.

    My international advisor in school will also provide me recommendation
    if needed for emergency appointment, showing my need.




    TheCanadian
    11-25 03:16 AM
    You probably noticed, but that's what he is doing. :dilbert:
    No I sure didn`t :thumb2:




    sam_hoosier
    12-21 10:25 AM
    I will also be calling in.



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