Thursday, June 30, 2011

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  • coalfadmin
    01-24 02:34 PM
    I have an employee who was a student and then got employment authorization. She asked me to begin the process of getting her an H1B; but then we determined that she really wanted a green card. Can I use the LCA I got for her H1B to apply for her I-i40?





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  • gunabcd
    06-22 12:13 PM
    My birth was regiestered under totally different first name, also DOB is off by 9 days (10th June instead of 1st June). Since the birth is registered they are not issueing non-availability cert. . What to do?

    I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.





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  • applejelly
    11-18 10:53 AM
    lol! I see what you mean





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  • kirupa
    03-27 12:46 AM
    It isn't showing up in IE for me, but it does show up in Firefox. It must be some JPG setting?



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  • DallasBlue
    06-23 11:55 PM
    you can mention either ways. legally it shouldnt be a problem.

    (professionally it does look bad)

    ==as always seek legal consult.





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  • jediknight
    08-08 08:29 PM
    It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).

    However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).

    Thanks Ann.

    I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)

    - JK



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  • nid
    03-17 04:28 PM
    Guys,

    I would appreciate if you could help on this.

    I last entered in US using AP and currently working on EAD . My H1 is going to expire in April 2010. I am thinking of renewing it to provide a backup in case anything happens to my 485. I have to go to India in July 2010 and I would like to come back using AP. Pleass let me know which of the following option is best for me.

    1. Renew my H1 now and go to India n July and come back using AP.I understand that in this case, if I have to use H1, I would have to go to India and get it stamped.

    2. Come back from India in July and renew my H1 after I come back. Is this possible to renew the H1 after it expires and do they give you a I94 in this case?


    Please let me know what you think. I need to decide ASAP.

    Thanks





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  • omahaguy
    08-05 11:48 AM
    Company A attorney says I can apply for 3 year extension from B. Still waiting to hear from B's attorney. Did you check with your attorneys?



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  • EB3gcwanted
    07-31 02:50 PM
    Hi,

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

    Thanks





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  • yestogc
    04-28 10:55 PM
    From your post it is not clear if your 140 is already approved or pending.

    Anyhow, assuming it is approved and he cancels, then an RFE is bound to come, it is best to file for AC21 with new employer, since RFE could also involve EVL with recent paystubs................. now since in your case even your new job is with a consulting company (do not know how big it is), you might get stuck with RFE too.



    more...


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  • martinvisalaw
    05-10 02:23 PM
    See here for details: Law Office of Elaine Martin - immigration news: FAQs on recapturing I-140 priority dates. (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)





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  • Didiusthegreat
    09-14 08:46 AM
    Well that is quite simple isn't it?

    If you have an object selected you see at the left "Position"

    Click on that and then click on move pivot only, then you can move your pivot to the right and let it rotate differant

    DidiusTheGreat



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  • immigrationvoice1
    02-07 04:27 PM
    This requirement has been waived in Nov 2007. Please search Murthy.Com or USCIS.Gov for the memo.





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  • iam4u4ever
    05-30 05:00 PM
    Can anyone tell me how long it will take to receive card after receiving welcome email?

    Permanent Resident Card Production Delays

    USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.

    If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.






    Last updated:05/29/2009



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  • whattodo21
    07-22 09:09 AM
    washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2010/07/22/AR2010072201548.html)

    Itis the first court hearing in the Obama administration's lawsuit against Arizona's new immigration law, a case that sets up a rare clash between the U.S. Department of Justice and an individual state over one of the nation's most divisive political issues

    Wonder what this lawsuit will bring to immigration reform discussion?





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  • STAmisha
    08-06 10:25 AM
    I have applied I-140 and I-485 on July 2. I think I forgot to attach one experience letters to it. Can I attach it to that I-140 after getting the receipt #? what is the procedure?



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  • SAPGURU
    12-30 04:07 PM
    Hi All,

    I filed my I-485 in month of August 2008. I have FP appointment for me and my son on 31st Dec 2008, and for my wife on Jan 2nd 2009. Can my wife just walk in for finger print on 31st along with me and my son ? or she only need to go on 2nd Jan ?

    Will appreciate your response.





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  • bowbow
    01-13 02:47 PM
    My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

    I have EAD with the same employer but not using.

    Is anybody in the same situation?

    thanks





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  • kisana
    06-07 08:04 AM
    Gurus , please provide me your input. I am little bit tense. It will help me alot. Also in the Copy the number from alien card what should I put. Since I am on the H1B visa, but I do have EAD also. Any help in this regard is higly appriciable.





    handless
    04-23 07:01 AM
    cool, yeah sorry bout the first one, wasnt really clear on the definition of nothing crazy... my bad, but yeah im glad you like the other two.





    anu_t
    09-21 12:29 PM
    Did you have a receipt number for 140? I'm in the same boat but I didn't apply for 485 yet. and I don't have a 140 receipt number.



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    h. g. wells biography

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  • Prancer
    04-08 05:45 PM
    Thanks you guys. I'll be adding some more like it in a short while. :thumb:





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  • user1205
    08-20 06:00 PM
    There were different bills the took on CIR. A new one will be introduced in the Senate in September it seems. I think the article is talking about CIR in general.





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  • sandeepg
    07-11 03:15 AM
    $105,000 salary for 5 years exp with J2EE/Java sounds rights to me. People with 2/3 year experience are making around 80-85k.


    .

    If you get lots of stock options :) or other benefits like RSU's, faster prmotions etc. your basic pay might be lower. So you can ask the attorney to consider the total value of the pay package. You can get this from your HR person





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  • sgorla
    02-23 01:49 PM
    Yes, unfortunately that is true. You can not use the experience that you gained with the current sponsoring emplloyer for your permanent residency application.

    Hi, guys,

    I'm having a little trouble with counting the years of experience for my EB2 petition. My attorney said I can only count the number of years I worked before joining the current sponsoring company!! The situation is, I jointed this company in Jan 2004. But my petition (Labor) appliction only started at the end of 2006. My attorney says that the three years of working experience (04, 05 & 06) can not be counted!

    Is he correct on this?

    thanks.



    more...


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  • roseball
    01-07 02:15 PM
    My friend with july-07 filer (I-140 approved in Jan-07) lost H1 in Mar-08 and work on EAD and his company move to new address in May-09. USCIS site visit on Aug-09 to old address for H1-b (one year ext) for his co-worker. His co-worker got letter form USCIS to submit documents in Dec-09 for existance of the Company. Company inform everyone in Nov-09 that it is going out of business and shutting down operation in Dec-09.

    What are the options my friend and his co-worker with (LC/I-140 approved form another company) have??

    Your friend and his co-worker has to find another job in same/similar field as soon as possible and file AC21 with the new employer.





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  • By: H. G. Wells (1866-1946)



  • still_waiting
    05-30 09:00 AM
    Good work Patel



    Immigration Voice has been featured today's Baltimore Sun Headlines. Given that many of the Lawmakers and their Staff reside in the Baltimore area, we're sure that this will be a great positive impact for our cause. Thanks to our member Raj Patel for volunteering for this effort.

    http://www.baltimoresun.com/news/nationworld/bal-te.md.skilled30may30,0,682133.story?page=1&coll=bal-local-headlines



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  • manja
    05-23 09:21 PM
    Yes but I was thinking, spouse and children are counted in family based visas and how exempting them will benefit EB visas. Correct me if I'm wrong. :confused:





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  • csriram45
    06-16 05:51 PM
    Hello,

    I am currently working for a leading retail company in the US. I filed for my 485 in July 2007 and is pending. The retail company acquired my smaller company and as result had to file for 140 again in 2008. In March 2009 my I-140 was approved and I recd. an email that it was approved and the notice was sent.

    Since the I-140 is mailed to the employer, I asked them for a copy of the same. Initially they refused saying it is an employer petetion and after I requested again they said they will provide a copy when the receive it.

    It is June now and they claim they have still not recd. it. They are saying they will have to request another one and due to budget constraints they are not going to request one as it costs money. Is this true that you have to spend money again to request a copy if you never recd. it? How much does this cost? Without the copy i do not know what priority date is mentioned.

    Suppose in future i want to switch jobs, I would like to know if I need to have a copy of 140 if I want to use AC21?

    What are my choices as at this point company says that they have the petetion # and they can use that for any purpose and will not request a copy. This seems a little odd to me.

    any help is appreciated.



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  • Saralayar
    01-23 07:48 PM
    Dates are valid as of November 30, 2008. Texas is processing July 11, 2007 applications. Looks good. It means CIS finally has time to work on the deluge of applications they received in July 2007, even though the dates are not current yet. The approvals may still be far off, but at least we know that our apps are being worked upon.
    They will keep the dates between July 11 to July 30 for a few months. During this period, they have not recieved much applications as most of the companies just kept the papers as USCIS announced that they will not accept the forms and reject. Most of the July fiasco applications must have been filed from August 3. If they are really working, then the dates should move to August 2007 in next month processing time.





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  • Kona Fan
    January 24th, 2005, 10:50 PM
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    Olympus products are great both in terms of build quality and optics. You won't be disappointed.



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  • h_shaik
    10-25 01:48 PM
    bump





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  • gcdeal
    06-29 12:29 PM
    It is ok to have more than 2 in U.S. Again, it all depends on an individual.



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  • gcpadmavyuh
    01-27 01:13 AM
    No documents needed. They can visit you anytime during the 10 yr validity of the visa. The only condition is that they have to leave the country before the date on I-94 expires.

    Dear All Immivoices,

    My parents have 10 years multiple visa. It was issue in year 2007. They have visited USA
    before two years. If they want to come again, is there any document I need to send them?

    Thanks in advance to all of you.





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  • sac-r-ten
    04-28 10:47 AM
    On Acceptance, your petitioner will receive the hardcopy (receipt notice) generally within 2-4 business days.
    Check on the receipt notice, the amount and a text which says its filed in premium.

    Good luck.



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  • kingleon
    02-25 04:24 PM
    can you modify the scene on the following tutorial so that panning and movement is mouse controlled?
    http://www.kirupa.com/developer/actionscript/more_panning.htm
    i'll give you more info if your interested





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  • kisana
    02-27 10:28 AM
    I have permanant opprtunity with one organization which wants me to work on EAD. My situation is like this
    my EAD is expiring on XX/XX/2010. The new compnay wants me to join on YY/YY/2010. My questions are


    1. IF 15 after joining new Compnay, I apply for EAD renewal and before filing for AC21,Will it create a problem. Since I can only file EAD renewal 4 month before expiration date I need to do it some where in april.

    2. In case my Old employer revoke 140 before I file EAD renewl and AC21 will it create a problem?



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  • sss9i
    03-01 10:46 AM
    Hi,Mr.ChanduV
    THANKS FOR YOUR MAIL.
    I can recapture only for 07/18/2006 to 08/16/2006. i.e only 29 days.

    Atty Said ,It is fine to write 6/30/2010;The LCA can be for a longer period of time than that which is requested in the I-129 petition � it just can never be for a shorter period of time.
    Thanks in Advance.





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  • seahawks
    02-14 01:48 AM
    Reminder for all members who haven't signed up for recurring contributions to contribute. Here is mine
    Seller Information: Immigration Voice
    donations@immigrationvoice.org

    Transaction ID: 5FW127555L9300342 Placed on Feb. 13, 2007
    Payment For Quantity Price
    Contributions
    Item #Contributions 1 $100.00 USD

    Contributed so far 350 and counting. GO IV!!!!





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  • vallabhu
    03-05 11:25 AM
    Thanks psgprasad

    My case was filed in EB3 and denied due to B'Sc but we have a strong case to refile so we will do that I am using Adam from Murthy law firm.





    saibaba
    12-01 05:04 PM
    H1 and H4 are 2 different classes.


    thanks for the info...

    I have to attend for H1 visa renewal...means I got extended H1 handy and All I have to do is get it stamped in chennai...

    I was under the impression that i'm gonna take my wife along with me by adding another application to the selected date/time slot of mine....which they recommend in general..

    if h1 and h4 belongs to two different classes how can I tie them together when selecting another applicant after filling those online 156 and 157's?

    any thoughts?..

    I'm sure many of the folks here wld have coem across this scenario as it invloves H4 - H1 stamping stuff...

    can someone pls advise me...thanx in advance...





    IN2US
    07-27 02:52 PM
    can anybody tell me is it mandatory to write your name in native language like Hindi, in the Form G -325 A (Biografhic) ?

    --- per my attorney,Its okay to leave it blank.

    Good Luck :)



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  • camphor
    12-07 04:10 PM
    I am not sure what is the process after fingerprinting. Can someone please clarify?

    I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?

    I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?

    I would appreciate any pointers / links





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  • akhilmahajan
    05-10 09:45 PM
    Hello Everybody,

    Can someone please send me a list of good immigration lawyers in the Boston area for AC21

    Thank you very much

    Please join the New England state chapter. The address is in my signature.You can also PM me for details.

    GO IV GO.





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  • unbreakable
    11-09 11:30 AM
    Please forgive me if these kind of posts are not allowed (Admins, feel free to remove this post if this is not the correct forum).

    I am getting ready to apply for PIO for our new born (born in US) but one of my friend mentioned about applying for OCI instead.

    The information on eligiblity for OCI in the NewYork consulate website is little confusing. My question is since me and my wife hold Indian passports, would my new born be eligible for OCI?

    Also is there something called CIO (Not Chief Information Officer)?

    Thanks.





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  • MONCYS
    03-30 05:16 PM
    Thanks coolpal.
    Do they have any risk in keeping me on bench while on EAD compared to H1b?



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  • number30
    05-24 11:08 PM
    my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.

    sounak

    NO. I-864 is for family based cases only. Some people include I-134 But not required





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  • lost_in_gc_land
    02-02 02:05 PM
    Please help!

    My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?

    Thanks,
    Immigal.

    Hello Immigal,
    I hope your h1b stamping worked out well. if I would have read this post earlier then I would have warned you about 221(g) adminitrative processing which is a possibility for delay. I am in the boat for over 75 days and did not leave with AP approval. Got it after my interview and my lawyer advised me against using it.
    I would have waited for AP...
    On the other hand..god forbid you got 221g...but if you did then did you used your approved AP (if it got approved while you were out of the US) to go back to the US? What was your lawyers opinion on this?



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  • pnc
    01-18 11:41 AM
    My salary in 2011 has been raised by $20K per annum, from what it was in 2010.

    Will this have any consequences on my next H-1B renewal OR if i go for visa stamping OR on the PERM application?

    Mine is a small company with just 12 employees and I hold the same position as I used to when i sarted. I just want to know if there would be any issues with this on any stages.

    Your replies would be appreciated.





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  • invincibleasian
    02-25 11:08 AM
    I graduated in MS (I'm on H4 currently) recently.My previous degree is from India (passed out BCOM in 1999). I dont have any IT experience.

    I'm talking with couple of companies about getting a H1. What documents I need to show for H1 for USCIS? Do I need to show any experience to USCIS?
    Please reply

    The lawyer of your sponser will guide you regarding this.



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  • vdlrao
    10-22 10:23 AM
    Can we ( VA, DC and MD members ) could meet up some week end to discuss Past/present/future IV/Non-IV issues. And it would be a good event not only to get to know each other and to get new people in.It would be a great if atleast one core member presides the event.





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  • vbkris77
    02-11 04:36 PM
    CIS is bound by law to not accept early AOS applications. It depends on State published visa dates. So if we can work with State dept to have them publish the dates for Visa posts for CP as they do today (Which is faster) and add CIS processing delay to the Dates and publish second set of dates for AOS which always be atleast 2 years or more added to current dates published by State.

    This gives chance to people, who missed their chance to file in AOS in 2007 July. They can atleast get benefits of AC21 in this tough economy.



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  • chanduv23
    07-01 09:32 AM
    Hi All,
    I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.

    My question is,

    Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?

    I would like to what others have done? What kind of extra fees your attorney has charged for AC21?

    Thanks

    There is nothing called AC21 filing ie AC21 does not have a form that you fill out etc.... generally Attorneys attach the docs with a covering letter citing the AC21 clause and from what I understand, these docs may/may not get into your file.

    The advantage of using an Attorney is,
    (1) G28 filing - Attorney will get communication and be in position to respond or guide appropriately
    (2) NOID, RFE and denials might happen and MTR may have to be filed.

    Most times, issues arise when old employer withdraws the 140 petition.

    USCIS needs to have a better way of handling this and avoid unnecessary tensions and errors





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  • RNGC
    02-23 03:37 PM
    Thanks for the replies...

    his parents are gc holders...they are sponsoring him on unmarried son quota...



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  • loku
    07-23 12:15 PM
    please reply ASAP





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  • PHANI_TAVVALA
    11-11 12:39 PM
    Convert to H4 if spouse is on H1B. Chances of getting F2 approval are also high if spouse is on F1 and has not applied for I-140 (even if F2 is approved you should not go out of the country for stamping as the embassy will not issue visa due to intent to immigrate). Greencard processing can continue in the meantime as it is process for future job offering.



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  • waitingonlc
    02-19 06:27 PM
    'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
    By Marc R. Rosenblum
    Migration Policy Institute, MPI Policy Brief No. 13, January 2006
    http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf





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  • marola
    05-14 05:28 PM
    Hi, I am a holder G4 visa working on a international institution in Washington DC, USA...and my fiance is a G4 visa holder too, working on other international institution in the same city (we are foreigners, south americans, especifically)...ok...the main issue is that we want to get married next month in USA and sure as G4 visa holders at that time....but on this September, my fiance is going to change his status to a F1 visa, because he is going to pursue his PHD on a US University....and I cannot change my status as dependent of him (F1 dependant), cuz I need to keep working, and I dont know if it is necessary for studying here to have exclusively F1 visa as a foreigner student, or he could become a G4 visa dependant from me, after he stop working to start studying.


    ...So my question is if we get married before that he changes his status from G4 to F1...would I be able to keep working on any international institution meanwhile he can keep his F1 student visa?, with no need to become a dependent from each other, but to keep, my G4 visa, and his future F1 visa, respectively?

    My doubt is based on one comment that i heard from someone, but i am not sure, cuz that person told me, that if my husband changes his visa from G4, resigning my G4 dependent status, i couldn't be rehired later...i tried to get advide from a lawyer but his service is so expensive for me...so i hope someone can help me, cuz this issue is so important for us.

    Ps: For more information, my fiancee would have to go to his country and getting his F1 visa and go back to USA as a F1 visa holder....And before that trip...we would like to get married...and meanwhile he is studying with his F1 visa, I can work with no problems with my G4 visa rehired as many times as I am re hired...



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  • gcwanted101
    10-06 10:12 AM
    USCIS - USCIS Implements H-1B and L-1 Fee Increase According to Public Law 111-230 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=27eac9514bb8a210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)





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  • INSpector
    07-24 09:58 PM
    I've been reading a lot regarding how many people is submitting their application this month, some how after see the possible figures I feel demoralized, looks like before July 2007 all of us were having an idea of our process, then the USCIS mess appeared and now I have no idea of when I will receive the GC or if some day I will receive it.

    The USCIS just gave us the sense of advancement but in reality they did not giveus anything, just look the facts, you will have EAD and PAD, but if your I140 or I485 fail then you will be ouf of status, so many people will decide to maintain their H1B status, so why did we apply?

    Can any one elaborate or give an estimate of when will we be receiving our GC (whe nI say we I'm thinking in all the people applying under the Visa Bulletin 2007 mess).

    Thanks





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  • wanna_immigrate
    02-09 01:14 PM
    http://immigration.about.com/b/a/165661.htm


    "In a recent panel discussion at the Library of Congress, Bill Gates suggested to "get rid of the H-1B visa caps," finding the numerical limitation for technology workers "questionable," suggesting that "the theory behind the H-1B" (cap) is "too many smart people are coming" to temporarily work in this country."


    I wonder if the richest man in the world can understand and feel the pain about this why it is so hard for sen. and congress. Why corporations like microsoft is not stepping up.





    Euinox
    05-20 01:10 PM
    I came to US in 2009 March (on H4 Visa) ,
    I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

    Now I am on H4 till date.

    I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

    Now I have inquired some other place and gone through different forums to get answer.
    Here is the query,
    If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

    What kind of H1B petition I need to file and when it will get approved?
    Will this be a fresh H1B petition or something different?
    Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

    Please help me in this issue. I will really appreciate your help.

    Any document/ link which shares light to similar issue is really helpful for me.





    coolfun
    01-29 12:22 AM
    FP is not needed for EAD or AP.

    Thanks. Where do I file for renewal? At the service center where my 485 is pending (in my case that's TSC) or follow the instruction given in 765 instructions?



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