Wednesday, June 15, 2011

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  • ramaonline
    03-05 01:35 AM
    Any kind of full time employment with monetary gains is not allowed on h4 status. You can legally go to university or any community college full time, and take up any kind of training programs or voluntary work with no remuneration. Also, passive investment such as stocks/ bonds etc is OK.

    If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..





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  • Jerrome
    10-19 10:53 AM
    I am just waiting for the processing date of NSC to move one day further for 140 processing(Mine is Feb7 submitted). The moment in moves by a day i will call and let you guys know the outcome.

    Thanks a lot for your advice.





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  • H1Girl
    02-27 01:08 PM
    Mostly my question was misunderstood...

    I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...

    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...





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  • Jerrome
    02-24 01:33 PM
    Company B can not apply based on EB1, They have to apply only in EB2 or EB3.

    To Join company b you have to use
    L1
    - not possible.
    H1
    - October 2009 possibly if you get your visa
    - Green card not in EB1
    EAD
    - Not assure. Depends on Labor, 140 then 485 filing
    Last option
    - Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.



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  • justareader
    10-08 07:33 PM
    Well for us EB-3, hope is what we have

    bloody bulletin . never moves
    I am still short of 16 days.





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  • learning01
    04-10 05:19 PM
    The email address you refer to could be above or below, based on how users set their preferences to threads (if logged in) - Newest first or Oldest first. Just a note to readers.
    Thanks



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  • sanju
    04-19 10:59 PM
    can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?

    Googling around, and am not able to find anything...


    Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".

    Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.

    Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.

    This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.

    Hope this answers your question.





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  • GCNaseeb
    10-30 06:34 PM
    I will take an Infopass. Did you get a new Card or they just corrected in their system?

    My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.



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  • tictac
    09-09 05:22 PM
    absolutely!! im just waiting, as soon as AC21 kicks in, i have a plan ready for these suckers

    The problem is that most H1 employee's don't know their rights.

    They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.

    Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.





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  • manusingh
    12-23 05:28 PM
    nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    can you share your exp. about using AP than get H-1b extension and again using of AP. how did it go.

    regards



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  • pitha
    03-20 03:48 PM
    predicting cir future has become semilar to the "visa bulletin prediction" nobody knows anything about it. For every article which says cir might happen there is an alternative article which points out why cir will not happen. There seems to be universal concensus that if cir is to become a reality it has to be passed by august september time frame after that it is political season and it will be lights out for CIR





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  • shivaniraina
    03-24 02:21 PM
    Can anyone tell me if the MBA degree will also be considered STEM.



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  • NolaIndian32
    08-14 01:01 PM
    https://egov.uscis.gov/cris/processTimesDisplay.do

    NSC - I485 - Sep 15 2007
    TSC - I485 - Aug 30 2007

    Cheers,
    Ardnahc

    Thanks for posting updated info...





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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.



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  • hebbar77
    09-09 03:27 PM
    I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.

    I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.

    Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).

    two contrary pieces of information from a govt agency!!

    Anyone with similar experience

    I am sick of this USCIS !





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  • desi3933
    02-14 08:29 AM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks

    No, not that for 10 years.

    Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.

    The applicant need to
    1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
    2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.



    __________________
    Not a legal advice.



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  • hypersphere
    01-05 04:05 PM
    I Agree there are some particularly bright ideas about fund raising but I dont think there is any significant variety in opinions regarding immigration floating around that we might miss. I would rather have people put their opinions into practise (by contributing) rather than simply share them.





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  • mittal_a
    06-26 02:45 PM
    I did the address change long back and got the LUD for the same reason way back.

    Thanks
    Amit Mittal





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  • seekerofpeace
    09-04 11:39 AM
    Folks;

    I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.

    Here is the content:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Also I as the primary applicant only received the mail...my wife's status is still unchanged...

    Best,

    SoP





    gc_kaavaali
    05-07 12:30 PM
    If one is on H1B...applied 485...almost done with 6 years...but got h1b approval for 3 years because of approved I-140...now 485 got denied...should i go back because i completed my six years? or can i stay as long as my H1 is valid (beyond 6 years)?





    morchu
    05-13 09:50 AM
    I have no question about that. The immigration intent was proven at the time he filed 140.
    But intent is not something which stays forever.

    In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).

    I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.

    I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".

    "immigrant intent" is proven/shown when and if one files "immigrant petition"



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