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  • sarika
    07-26 02:21 PM
    I didnt send the checks,our lawyer did.So,i dont have a clue when they were cashed.



    Sarika
    Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..





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  • bagha
    07-11 11:01 AM
    I'm in similar situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

    Thanks in advance.





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  • vss
    10-28 02:38 PM
    USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.

    Go back to India, that is the best option in this kind of difficult times.





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  • Berkeleybee
    03-06 06:28 PM
    All,

    In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough.

    Sound familiar? Is this trend beginning to develop even in IV's own forums forget about The Other forum?

    IV is a profoundly realistic group - we *know* we are fighting a hard battle. Which side would you rather be on? The side that says I'll only do something constructive when victory is almost in sight/certain or the side that makes victory happen step by step, day by day, member by member, task by task?

    This forum is no place for the Doom and Gloom crew. We know the size of the battle, and we need all the optimism and drive we can get to fight it.

    So cut the wailing (or take it to that other therapy forum) and instead of asking what IV is doing for you, ask what you can do to help yourself and all of us in this mess! Channel your rage and despair.

    You've contributed. Fabulous. Reach out and recruit other members. Have them contribute. Join one of our volunteer teams get involved in some activity -- alliance building, media, web design, ad design, membership drive.

    Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.

    best,
    Berkeleybee



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  • Hassanz123
    10-30 01:39 PM
    I filed Concurrently I485 and I140 on August 13 . I have recieved the application rejected notice due to missing signatures on the financial statement by my employer (Hard luck i guess or smartness by employer dont know). As per USCIS statetment they have requested to complete the Application as signed and sent back including the fee and form.

    The notice havent mentioned to refile with new fee . COuld anyone please advise on urgent basis
    if new fees is required ?
    Would i still be assigned old processing date or it would be considered as new application ?





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  • senthil1
    06-26 01:48 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.

    It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?

    Is it:
    1> The time when bill is signed by Bush?
    2> The beginning of the following fisical year?
    or
    3> You can keep working till the current H1B expires, but cannot renew?

    thanks!



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  • singhsa3
    08-13 06:15 PM
    Good try though!
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?





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  • TeddyKoochu
    10-26 02:32 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!



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  • dce.deepak
    09-30 04:05 PM
    it doesn't make much sense even after google translation. If you understand then can you please translate. I want to know what other people are planing in that forum





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  • raju123
    05-03 07:29 AM
    Please be positive. What is wrong in signing petition? If you are not convince, don't sign. Please don't discourage others.


    These online petitions are useless. Do not sign up for them and waste your time. If you really want to do something for the bill then go and meet your senators and congressmen and talk about the bill and other bills that solve your problems.
    Obama or for that matter any senator will never come to petionsonline website and see all fake signatures.



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  • prince_charming
    02-14 10:46 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.

    My MTR got approved in 2 months from TSC.

    But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?





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  • waiting4gc
    10-24 04:56 PM
    Try Rajeev Khanna. He has helped me tremendously overcome false labor denial and has helped answer two of my friend's queries. He is a little expensive but well worth it.

    Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
    Thanks,



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  • arc
    07-07 02:40 PM
    Any one who owns corp or who has accounting background!!!





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  • EndlessWait
    01-15 11:53 AM
    lol.. i love this capitalistic society...



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  • piyushpan
    04-07 05:05 PM
    Yes i think so. You need a U.S degree for stamping.(H1)

    My wife changed from H4 to F1. Do you know if she can get stamping in Canada for F1?





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  • reachinus
    10-02 12:33 PM
    If she enters in H4 her H1 is gone. So be sure if she wants to enter in H4.



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  • lost_in_migration
    05-25 07:48 AM
    Sent





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  • Blog Feeds
    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06oc09-4]
    ---------------------------------------

    DEPARTMENT OF STATE

    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.

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

    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

    SUPPLEMENTARY INFORMATION:

    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P



    More... (http://ashwinsharma.com/2009/10/07/dos-final-rule-on-amended-requirements-for-religious-workers.aspx?ref=rss)





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  • ashshah
    01-18 01:28 PM
    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".

    I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.





    sc3
    10-08 01:11 PM
    yes, i have unexpired visa. I was wondering if I need visitor visa to go to Mexico and have a new I-94 at port of entry.

    Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.



    The blog also states that you can ask for I94 at the port of entry. Please google for the blog.


    Edit: This is the blog http://tijuanatrip.blogspot.com/





    kaarmaa
    05-04 06:07 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?

    No.

    I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.

    I-140 can be used to reclaim the old priority date.

    Please consult an attorney. I have knowledge limited to my case.



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