Monday, July 4, 2011

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  • njdude26
    07-03 08:43 AM
    My wife was working for a company before. They had filed for her GC. She has an approved I140. She had to convert to H4 because of some legal reasons and could not continue to work for the company. Now she has a valid H4.

    She has already been here 7 years on her old H1. Now can she file for a H4-H1 and get a 3 year visa based on an approved 140 ?

    The lawyer says that the 3 year extension rule just states that H can be continued beyond 6 years based on approved 140 and so she can go back to a H1...

    Anyone here has had a similiar experience ?




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  • vikramark
    01-12 10:35 AM
    Hello,

    I had E-Filed AP for me and my family on July 7th, 2008. Still it is showing as pending, On December 16th, 2008, I send a request to USCIS for expedite processing, December 26th I received a letter from USCIS that an officer is assigned to our case but after that there is no change in the status.
    Can somebody pls suggest any steps that I should take to get my AP approved?

    Thanks in advance

    Vikram




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  • bskrishna
    02-22 11:26 PM
    as far I know, EAD and I 94 are not tied. So she can work on the EAD got earlier




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  • gimme Green!!
    04-01 12:47 PM
    Admins - why are my messages only showing up in this I 140 Forum (where I do not seem to get a reply) and not on the Forum shown on the Home page??



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  • kkh1b
    09-30 05:47 PM
    Below is my situation;

    Last project ended July 17 and am out of project since then and my last pay check was for the week of July 17. I was sent a termination letter and my employer said that he will not revoke my H1B and told me to transfer my H1B ASAP. I have been trying to do a H transfer from then on but no company is willing to do since I don't have a project and every one told to find a project first.

    Finally I found a project but now employers are not willing to do a transfer saying that I don't have pay stubs for almost two and half months. A few employers are suggesting to file a new H1B.

    What would be the best course of actions in my situation.

    Thanks much for all your feedback.




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  • AabTuAgaGC
    02-07 10:21 AM
    Hi Folks,

    Just read this on msnbc. Seems like they take away your electronic devices (laptop, digital camera, cellular, e.t.c) and then access all the info on the device. I am traveling in a weeks time and was taking with me all the above mentioned items. Now I am weighing the risk of traveling with my personal information on these devices. Not that i have anything illegal to hide, but still i consider this an invasion of my privacy. Any thoughts?!

    http://www.msnbc.msn.com/id/23037049/



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  • ewiebe
    04-08 04:35 AM
    Hallo all,
    is it possible to create an application in Blend/Silverlight which looks like shown in :
    http://www.mentor.com/products/embedded_software/multimedia/overview/inflexion-ui-designer-77552d73-7c31-4584-ba34-2fb8564d5668

    Does anybody have an example for it?




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  • gccrazy007
    11-18 12:58 PM
    Employer A - LC applied in Dec 07, Currently on 7th year extension till Jan 2010. Stamped visa.

    Employer B wishes to recruit me by transfer H1-B and utilize recapture time. The total time they would get is till Apr 2010 (which includes recpature time) along with 7th year I-797.

    Employer B wishes to file LC 1 month after I join them.


    Assuming that I join them by end of Dec 2009, I have the following questions about my H1-B extension

    Lets consider Dec 30th as the date to start the LC application.

    What I understand is that based on the LC from Employer B,

    Can I get extension on my H1-B beyond APR 2010.

    for 1 yr - Based on LC from employer B being pending/approved until Apr 2010
    for 3 yr - Based on LC from employer B being approved and I-140 approved.
    Apply for premium processing of I-140 before 60 days of Apr 2010 if LC is approved and I-140 is pending.

    Your response is appreciated.



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  • Blog Feeds
    07-04 12:40 AM
    A new poll from Benenson Strategy Group (commissioned by America's Voice), has a surprising finding - the vast majority of self-identified GOP voters support immigration reform. The poll found the following: When asked whether they support Congress passing �comprehensive immigration reform,� without hearing details about what the plan includes, 63% of Republicans said yes and 22% said no. When given the details behind reform, and asked whether they support Congress passing a law that would: �Secure the border, crack down on employers who hire illegal immigrants, and require illegal immigrants to register for legal immigration status, pay back taxes, and...

    More... (http://blogs.ilw.com/gregsiskind/2009/07/poll-most-gop-voters-support-immigration-reform.html)




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  • Jaime
    08-31 11:06 AM
    We should think of starting this thread to organize bus rides from Texas. If we use U.S. Coachways, which is in most major cities, we could potentially have buses leave from the major metros (Houston, Dallas, San Antonio and Austin) or two or more buses leaving Houston and San Antonio in the south and picking up more people as they make their way north to Dallas and Austin. Beyond Texas, the buses could also pick people up in Louisiana, Mississippi, Alabama, Georgia, etc, or other states depending on the routes. Also, a great and reliable local Dallas bus company is "Buses by Bill"

    Any thoughts guys?

    http://www.uscoachways.com/about.php



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  • Macaca
    07-22 05:00 PM
    DeMint's Tactics Irk GOP Leaders (http://www.rollcall.com/issues/53_7/news/19395-1.html) By John Stanton and Erin P. Billings, ROLL CALL STAFF, July 17, 2007

    Sen. Jim DeMint's (R-S.C.) speedy ascension to de facto leader of the Senate's conservatives may have won him a number of fans among fiscal hawks, reform-minded watchdogs and some fellow Republican Senators, who applaud the first-term Senator for his willingness to buck the chamber's "Old Boy" traditions. But DeMint's tactics have started to chafe GOP leaders and prompted private warnings that their tolerance has worn thin.

    DeMint led a small group of Republican conservatives who successfully killed immigration reform in June and has openly dueled with Democratic leaders over earmark reform, calling them out for refusing to adopt Senate-specific earmark rule changes before going to conference on a broader ethics bill that includes them.

    That willingness to sidestep his leadership on immigration last month, and his ongoing fight with Majority Leader Harry Reid (D-Nev.) over earmarks reforms, has begun to irritate Republican Senate elders, including Minority Leader Mitch McConnell (Ky.) and Minority Whip Trent Lott (Miss.).

    According to several Republicans, party leaders have made it clear to DeMint that while they may give him some running room over the next few appropriations-laden weeks, they will not tolerate what they see as repeated efforts to hijack the Senate floor and the public spotlight.

    DeMint declined to comment directly on any warning leadership may have delivered to him regarding his increasingly high-profile crusades. But he did say it is up to McConnell and other GOP leaders to take up the mantle of reform if they do not want others to do so.

    "I have a lot of respect for our leadership, and we work well as a team," DeMint said. "But there are enough of us who believe this is where we need to go as a party. And we hope our leadership will take us there. But we'll take up the banner if we need to."

    Publicly, many Senate Republicans applauded DeMint's courage to take on the normally decorous chamber and for sticking up for conservative principles at a time when the party is struggling to regain its footing. But several Senators and high-level aides also privately noted that DeMint needs to be careful not to go too far, with several saying he runs the risk of being marginalized as he carves out a reputation of a flame-throwing, first-term Senator who casts aside legislating altogether.

    "You have to always be careful around here not to overplay your hand," Lott warned last week.

    Although disagreements between the two date back to DeMint's opposition to a Lott proposal to move train tracks in his state following Hurricane Katrina, the two have had an ugly split in recent weeks over DeMint's role as Republican Steering Committee chairman. According to GOP aides, Lott yanked his annual $7,500 contribution to the committee's funding after DeMint aides criticized his efforts to push through the failed immigration reform bill. Lott's move to pull the funds was first reported in Congressional Quarterly.

    "At some point [DeMint is] going to have to learn he can't always throw missiles," said one senior Republican aide. "He's going to have to work on diplomacy. But so far he's been rewarded for his behavior and has yet to pay a price for it."

    With that in mind, Republican sources said GOP leaders are keeping a close eye on the South Carolinian as he continues his crusades. Those GOP sources said conversations between the leadership and DeMint have taken place, and the message has been made clear that McConnell's patience isn't limitless when it comes to DeMint's efforts to block legislation or shut down the chamber to push his priorities.

    So far, however, most of DeMint's colleagues - especially those in conservative corners - seem to be accepting of his procedural maneuvers.

    "My own view is it's every Senator's right to protect their interests," said Sen. Judd Gregg (R-N.H.). "He was very effective on the immigration bill, and a lot of his colleagues were with him."

    And while Gregg acknowledged DeMint carries less favor with Senators over his current cause to use the ethics package as the vehicle for his opposition to earmark spending, he believes DeMint's standing in the Conference remains intact.

    "Everyone is very individualistic around here," Gregg said. "You don't run the risk of losing the respect of your colleagues just for being individualistic. It's just the opposite."

    But not all Senators view it that way, especially among veteran Republicans who cherish a chamber that's known for putting a premium on decorum, deliberation and seniority. DeMint, in contrast, was part of the more aggressive band of Republicans elected in 1994, some of whom have since moved from the more partisan House to the Senate.

    Sen. John Ensign (Nev.), who as chairman of the National Republican Senatorial Committee is in the leadership circle, said the reviews of DeMint's tactics "depends on what side you are on."

    For Ensign, that's on the side of DeMint and others who he called "a breath of fresh air in the U.S. Senate." Still, Ensign conceded that the approach isn't without flaw, saying: "There's always a risk, there's always a balance. But when you are in the minority, you need to exercise your rights."

    Indeed, DeMint has a loyal following among more junior Republicans, particularly his fellow House alumni, and those Senators who believe it behooves the party to fight rather than negotiate with the now-majority Democrats.

    "It's a thankless task," said Sen. Jeff Sessions (R-Ala.), who joined DeMint in his efforts to defeat the immigration reform measure.

    "Some people get mad at him, they want him slowed down," Sessions said. "But right now, most Republicans respect what he's doing. Really, my impression is that even those who are dubious of DeMint's leadership are beginning to feel like this is healthy and that maybe we do need a more vigorous debate."

    DeMint said while some senior Republicans such as Sen. Kit Bond (Mo.) have supported him, he acknowledged that much of his backing has come from the GOP's increasing ranks of junior lawmakers.

    "It's not universally true, but to a point it's true. It's one of the unfortunate things that has happened to Congress over the years," DeMint said, adding that many lawmakers are afraid to speak out because they are afraid of reprisals.

    "A lot of people are afraid if they come out strong against earmarks they're not going to get any," DeMint noted.

    As for the chamber's more entrenched Members, DeMint argues that their opposition - both public and private - is motivated by their desire to keep cash flowing to their states. "A lot of their power and clout back home is based on how much money they can bring home," he argued.

    DeMint said his party would be wise to take up the issue of ethics as a central fight, arguing that in recent weeks he has seen increasing interest across the country in his battle with Reid. "In some ways this is immigration all over again in that out in the public there's a feeling that this is wasteful spending" and that Congress is failing to seriously address the issue, he said.

    DeMint also has begun to reach out to the vast network of editorialists and talk radio hosts that backed his successful rebellion against the immigration debate and has been credited with giving DeMint and his supporters enough public support to defeat the bill.

    Significantly, he also has begun to see support from other media outlets, which are not normally connected to the conservative world. For instance, the Los Angeles Times editorial board has come out in support of his work, DeMint noted, and he believes that people across the country are becoming increasingly upset with Congress' handling of earmark reform.

    DeMint - who calls the earmark process "one of the corrupting [forces] of Washington" - said McConnell has so far backed his efforts to force Reid to accept the Senate rule changes before conference to ensure no changes to the earmark reforms are made. "Mitch McConnell is very supportive of what I've been doing," DeMint said, adding that "he's asked me to work with Sen. Reid" to find a solution.

    But Reid "has been stonewalling me," DeMint said, and seemed skeptical that any solution appears imminent.

    DeMint also said that regardless of his leadership's complaints or demands - or those of the Senate's old guard - he will not back down. "This isn't a job I wanted, but I'm good at it," he said, adding, "I'm going to continue doing what I'm doing."




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  • validIV
    03-10 02:32 PM
    Check out this article:

    http://money.cnn.com/2009/03/04/smallbusiness/foreign_worker_visas_applications_down.smb/index.htm?postversion=2009030515



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  • lost
    09-28 09:24 AM
    Visa, immigration laws have grown more complex | courierpostonline.com | Courier-Post (http://www.courierpostonline.com/article/20100928/NEWS05/100928046/Visa-immigration-laws-have-grown-more-complex)

    "You're never going to have enough legal immigration slots for everybody who wants to come here," said Ira Mehlman, a spokesman for the Washington-based Federation for American Immigration Reform.
    For the legal immigrants who do make it to this country, they are kept in waiting for years together with no sight of relief

    The real troublemakers, said ALIPAC's Gheen, are employers who hire illegal immigrants, politicians who praise their contributions and authorities who make them feel welcome by, for example, offering forms and services in Spanish.
    This never gets highlighted either by media or public. Many of these employers are big time contributors to the candidates - and candidates turned lawmakers offer their loyal protection! Unless, this changes, the problem cannot be really solved




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  • carbon
    12-21 08:02 PM
    Hello IVians,

    I am not fully aware of all the benefits of having EAD after filing 485. If you have the knowledge about it could you please list down it in this thread.

    Thanks.



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  • nmedhora
    04-10 10:44 AM
    I left the U.S on October 30 2009. My L.C. [Perm] had been filed on July 30 2009 and was recently approved.
    My 6 year H1B expired on Feb 2 2010, with approximately 160 days available for recapture.
    My company needs me to return to the US urgently and is wanting me to apply for a Business Visa.
    Subsequently when I am in the U.S, they intend to file for I140 and then 7th year H1B
    extension plus recapture time based on pending I140
    Is this feasible? -- What impact would it have on my green card application process?




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  • suave100
    01-30 10:50 AM
    I am currently on H1B and in the process of leaving my current employer XYZ Inc. I also have an EAD that I haven't used yet but plan to use going forward. I understand that XYZ will and is rather obligated to notify USCIS of termination of my H1B employment by virtue of which, USICS will take steps to revoke the H1B petition. That being said,

    1. Will I (beneficiary) and / or XYZ (petitioner) will receive a notice saying my H1B petition has been revoked?

    2. Will it help in any shape or form if I were to fill an (back dated) I-9 form with XYZ indicating that I was already on EAD with XYZ before my termination? In this case, is XYZ still obligated to notify USCIS of termination of my H1B employment?

    3. What constitutes a "bona fide termination" and is this even applicable in my case? Should I have a formal resignation letter in place for audit / RFE purposes down the road, if any?



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  • fatjoe
    09-06 01:45 PM
    In the same boat. Looks like July 17th & around are not cleared yet. Mine filed on July 18th




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  • sympa21
    05-16 05:54 PM
    Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
    An estimation will be much appreciated thank you very much.




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  • optimizer
    09-28 11:25 AM
    Folks,

    My GC was applied with employer A in Nov-2005. 485 applied during July 2007 fiasco. Even though I have EAD/AP, I have always maintained H1B status.

    Recently got H1B transferred to employer B and its approved for 3 years.
    My H1B visa (from employer B) will expire this month.

    Can I make a trip to India and re-enter using AP, and still maintain H1B status?

    I dont want to go through the hassle of going for H1B visa stamping for 10th to 12th year.

    Thanks in Advance.




    waseem
    07-16 09:49 PM
    http://img158.imageshack.us/img158/9669/b7841.jpg
    eat organic foodz :lol:




    Bluejay
    05-25 01:27 AM
    I am working for a small company on H1B since October 2006. The company had originally filed for full time employment (LCA and I-129) but at the time of hiring offered part time employment. I worked part time till June 2008 and since then I have been working full time. The company however never filed for an amended LCA and/or I-129. My H1B approval was extended last October by another 3 years. I also work part-time for a University on a concurrent H1B.

    Will I be deemed out of status for this? What are the implications of this on filing for GC under EB1 or EB2? Is there any way in which this situation may be legally rectified?

    Please advise.



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