Saturday, June 11, 2011

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  • lazycis
    01-15 11:41 AM
    Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?

    Yes, it's indirect deduction.





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  • vkt3142
    02-25 02:37 PM
    Guys, please let me know if anyone heard something similar else where.

    Thank you





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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup





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  • redcard
    01-19 01:08 PM
    Here is my understanding:

    Situation 1-

    1. Get New Visa Stamped:

    If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.

    Situation 2

    2. No New Visa Stamped and entering on the old visa

    I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..


    Hope this helps..



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  • paskal
    06-11 12:04 PM
    here is your stupid thread.
    now stop.
    if you want to help yourself, get active. otherwise please slink back into your hole. i have answerd your question in this thread too:

    http://immigrationvoice.org/forum/showthread.php?t=4947





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  • jayleno
    08-05 04:37 PM
    EB2 takes X number of years
    EB3 takes Y number of years
    X >= Y In most cases.

    I think thats the most accurate estimate anyone can give you. By the way...I'm not kidding.

    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.



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  • nepaliboy
    05-25 12:58 PM
    this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
    I had efiled mine few days before her and so
    far nothing - only soft LUD's.
    and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
    :mad:

    i am wondering do you have LUd for i-485 or i-131 or i-140 ?





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  • guesswho
    04-10 11:59 AM
    That sucks :(



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  • easygoer
    02-10 06:09 PM
    Someone can shed light why these numbers would disappear before march and would not get rolled over to EB3 and EB2? What are the provisions?





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  • ilwaiting
    07-01 03:18 PM
    Then looks like they have to review at least 94% of the cases they rejected.

    Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

    Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf



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  • mytv
    08-14 11:12 PM
    i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.

    i dont trust everything wat lawyers say.so can anybody help me out with this issue.





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  • rockrocky
    04-20 10:06 AM
    I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.

    I like the way you put it. Help them to help ourselves.

    I will join them too.



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  • ksircar
    06-21 06:16 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    Nice reply considering the language of the original posting.





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  • sweet_jungle
    09-16 04:11 PM
    Bump

    I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?



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  • sukhwinderd
    10-18 02:28 PM
    even i saw red warning message appear on the screen for 2 of my fingers.
    once i submitted finger prints to FBI for australian immigration. could be because of that.





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  • whitecollarslave
    02-10 02:04 PM
    You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.

    The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.

    There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.

    The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.

    The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.

    Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.



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  • omved
    08-14 07:10 PM
    Hi Friends,

    While filing I 131, I came across this information

    "{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    A. You are in one of the following nonimmigrant categories:

    1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
    2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
    3. A K-3, spouse, or K-4, child of a U.S. citizen; or
    4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"

    My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..

    Should I get H1B stamped in Mexico / Canada / India

    OR

    Should I apply for AP.

    I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.

    I don't know what to do. Any help pls..

    Thanks

    Omved

    1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
    H1b 7th year in extension
    EB 2 - PD April 06





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  • malibuguy007
    10-17 05:00 PM
    I like LCS Inc ( Lion's Capital Services Inc ) based in Fairfax , VA. Very good terms and easy to work with. The good part is they are pretty flexible. If you need contact details PM me.





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  • knowDOL
    06-20 07:14 AM
    I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.





    little_willy
    02-23 11:25 AM
    If you currently have health insurance, you can continue it using COBRA in case of a layoff. With the recent stimulus bill, the premiums has been slashed by 65% for 9 months which is significant.





    gc_on_demand
    05-01 12:05 PM
    1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

    2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.

    Correct .. I am in same situation..



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