Friday, 10 June 2011

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  • Jimi_Hendrix
    11-02 02:41 PM
    cases where I140 is approved and I485 is pending for more than 6 months i.e. AC21 cases? I think in these cases you can move to a different state. Can anyone validate this?





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  • prem_goel
    01-29 11:02 AM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?

    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P





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  • nrk
    10-06 06:07 PM
    Done





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  • desidas
    01-22 08:01 PM
    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK



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  • MONCYS
    02-16 08:52 AM
    I am in eb2 india and wife from row.

    I used the form for cross charging
    http://www.immigration.com/fromtheagency/tsc82705.html





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  • gc_chahiye
    11-09 01:10 AM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf

    why more filers in Sept than June? I thought most PDs were better in June than in Sept...



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  • chanduv23
    03-14 12:16 PM
    Thank you all for your responses. We just wanted to keep a plan B active. Both of us are on h1b and from India. After residency, she will have 3 more years on h1b, and I am entering 8th year on h1b, if we don't get GC after all this, we would like to try various options like India, Canada, Australia etc.. and that's why we started enquiring.





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  • sanjuatl
    09-04 10:40 AM
    I think the Medical's are valid for 18 Months and not one year.I checked this out when i took infopass.Correct me if i am wrong .


    As I remember, the validity is one year.



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  • Googler
    06-18 05:10 PM
    Our beloved DHS secretary Chertoff says on June 14, 2007:

    http://www.dhs.gov/xnews/speeches/sp_1181915713176.shtm

    "know Secretary Gutierrez is also dedicated, as am I, to working very hard with members of Congress. We've been up there probably more than in our own offices over the last couple months, trying to make sure that members understand that comprehensive reform, while not perfect, offers the best chance to get all the sectors of the economy what they need in terms of work, offers the opportunity to deal humanely with what is a continuing social problem, and from my standpoint, offers us the best opportunity to maximize our efforts on national security, because, as I have said time and again, when I have agents out hunting illegal lettuce pickers, waiters and housekeepers, they're not chasing drug dealers, criminals and terrorists. I, frankly, think the drug dealers, criminals and terrorists are the biggest threat to this country."

    Then why the hell are law abiding scientists, tech workers, students et al being subjected to these kafka-esque name checks?? Seriously. I think we should start bombarding Congressional offices and Chertoff et all with phone calls. Now that the Ombudsman's data is out, USCIS and FBI can no longer say what they have been saying all these years, that the scale of the problem is miniscule.

    Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:

    "(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."

    Sen. Obama and Rep. Gutierrez introduced the Citizen Promotion Act in March 2007. The bill has a provision that asks for a namecheck to be completed in 90 days (also includes mumbo jumbo about GAO studying the problem, but the results are already in thanks to the Ombudsman).

    See

    http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1379:

    http://thomas.loc.gov/cgi-bin/query/z?c110:S.795:

    We should enlist the co-sponsors of these bills to kill Sec 531 (k) and when CIR finally dies, to pass an amended version of the Citizen Promotion Act.





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  • file485
    04-10 07:29 PM
    wellwishergc..

    looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??

    That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??

    thx



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  • pappu
    08-10 10:30 AM
    Please fill out this form to help us assist you with the lawmaker meetings.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36


    Please make sure to put complete and correct details for us to verify you and help you with this action item.
    Thanks
    IV Team





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  • mbartosik
    11-09 05:42 PM
    http://news.bbc.co.uk/1/hi/health/7087846.stm

    Actually there were two issues.

    1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.

    2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.

    For comparison with US system

    indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).

    Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.

    I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.



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  • aarzoo
    01-18 08:40 AM
    Is the employer violating H1B requirements?? I understand legally H1B fees is the responsibility of the employer.





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  • huh
    12-08 03:35 PM
    Is the 15 months counted from the filing date or the audit reply date?

    Mine was filed on Oct. 07' and still stuck in audit. It disgusts me just by thinking about this...

    Thanks!



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  • gc_check
    04-08 04:22 PM
    Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)


    Employment- Based All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 01AUG06 01JUL06 C C
    3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
    Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03





    .

    Well, this shows the reality of demand for visa and a dire need for a solution.
    Well, Congress will stills get paid even if the Govt. is shutdown and they do something!!! about this along with the tons of other items on their to do list :mad:





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  • hopeful08
    04-21 02:19 PM
    I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
    This is a tremendous relief to us.
    They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.

    Good luck to everybody else and hope you all the best.


    Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.



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  • hopefulgc
    05-12 08:03 PM
    thanks gconmymind!

    IV leadership indulge us here for a min...
    if we were to be able to raise $1million somehow..
    How much would you say it improves our chances of getting the IV missions accomplished?

    If there can be some certainty & improvement of possibilities, i have feeling .. people will step forward.





    You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..

    Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.

    People, please contribute time and money towards IV to help yourselves!





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  • saimrathi
    07-17 02:58 PM
    This is from Logiclife.. all hope isnt lost yet

    The latest update we received is the the annoucement to be made soon will be as follows:

    1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.

    2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.

    This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.

    Thank you for your patience.





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  • jo3350
    05-13 10:16 AM
    President Bush is going to be giving a speech on Immigration this Monday at 8 p.m EST. Is there any way IV can get the Issue of Legal Immikgration addressed in his speech.





    cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!





    kumar1305
    03-29 04:27 PM
    Why are you still entertaining this guy. He is a liar. He wants to spread the hatred towards USA. We have already discussed about many people who were sent back from new jersey airport. No passports were held. And if USA thinks that he is a threat to this nation he will be deported.

    Like he said there is no special plane which ever landed in India with these kind of people.



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