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  • sanju_dba
    08-13 01:17 PM
    WASHINGTON � President Barack Obama on Friday signed into law a $600 million border security that will put more agents and equipment along the Mexican border.

    ...
    Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)

    isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
    if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.




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  • mnkaushik
    06-04 04:57 PM
    Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.




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  • pasupuleti
    01-31 12:21 PM
    I work for a good consulting company, completed 3 years in that company.
    Since it is a consulting company my pay is less unless i go full-time.
    I started thinking about going full-time with other companies and got offers from two companies.

    Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

    I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)




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  • gc_chahiye
    10-29 11:11 PM
    Hi,

    I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.

    As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.

    My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.

    Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.

    Any feedbacks are appreciated.

    Thanks

    first of all, your EAD and 485 are not impacted by any of these H1 mix-ups from your lawyer. So relax.

    You can start working on EAD now and wait for the H1 approval to come through. Whne it does come through, youll need ot leave the US, get a visa stamp and come back in to activate the H1 (if you need H1 status for some reason like you are unmarried and will need to bring spouse on H4).

    If you are really paranoid, stop working right now and do the H1 in premium processing. If USCIS grants the extension of status (you get new I-94) continue working on that, you are all set. Otherwise at that point you can start on EAD or leave-get_stamped-return, whatever you want.

    To move to EAD you need to file a new I-9 with the employer.



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  • gcFiler08
    02-15 03:42 PM
    Any news on this bill.




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  • abhijitp
    01-25 12:01 AM
    Hello Nor. Cal,

    If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.

    A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.

    Please stand up for your rights. Don't take this campaign for granted.

    Thanks for this, gsc999

    Thanks chandu & kiica for your help too!



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  • GCnew
    03-17 12:45 PM
    No. I sent my application in June. It was received on June 19th.

    Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.




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  • piyu7444
    05-08 07:15 PM
    What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?

    After 180 days if employer cancels I 140 it does not matter......:)



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  • Eternal_Hope
    02-08 08:56 PM
    It would be helpful to everyone if all of you could also report the USD equivalent of the figures you are mentioning. Assume 1USD = Rs. 50 for simplicity. This would help the people who just skim the threads for information.




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  • ufo2002
    09-01 06:02 PM
    The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
    Why bother with paperwork, wave some hands and declare all of them legal.



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  • mani_r1
    12-12 04:50 PM
    I have my H1B till 2010. Say on my way back from India I used AP. The AP is valid till Nov 2008. What will be my new I94 expiry date? Am I reading it correctly that if I present my H1B to the POE he stamps the I94 with 2010 Expiry date. If I don't show him my H1B then he stamps the I94 with Nov 2008 expiry date.

    1. If the officer stamps my I94 with Nov 2008 expiry date, how can we get it extended after entering US.
    2. Is it by filing another H1B extension?
    3.If I don't want to file H1B extention what is the other option to get the I94 extended beyond Nov 2008.

    Thanks




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  • raj1998
    04-13 12:49 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.



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  • raysaikat
    07-24 08:48 AM
    firstly, thanks for replying.

    I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

    do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!

    A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.




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  • eb3retro
    02-24 03:49 PM
    To whom it may concern, please, help us. Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we�ve based our lives on � the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug convictions amounting to possession of more than one count of 30 grams of marijuana. It�s Immigration law�s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug charge(s) of possession of more than one count of 30 grams of marijuana. Not only are Andrew�s(my son) and Thomas�(my husband) needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?

    I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty and unpopularity among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S.. I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America. I believe a Waiver should be available to me for my deportation charge including possession of more than one count of 30 grams of marijuana so my husband and son can claim me and I can immigrate to the U.S.. But immigration law only makes such a Waiver available to Foreign Nationals who wish to travel to the U.S.(and who also have the same charge as me: deportation including possession of more than one count of 30 grams of marijuana). My husband�s and my son�s Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. Please, help bring justice to these afflicted, we need your input. How should we proceed?

    crap..who are you.???



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  • letstalklc
    11-06 01:39 PM
    Whats up, guys!

    FYI:
    My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
    I got audited on November 2007. I filed the petition on October 2007.

    Good luck with all of you guys.
    Thanks for the supports!

    Congratulations...great news.....good luck for the next steps...

    Is your perm is filed by Fragomen Law Firm?

    My PD is Sep 5th 2007...still pending....dont know when it's gonna approve...




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  • Munna Bhai
    08-05 01:56 PM
    Hi Friend,
    i have sheduled for interview in July,some how i couldn't make it that time.I have requested to postpond for 3 months.Are they assinged any visa for me ? Are they going to call me for interview after 3 month.Can anyone tell me are they going to call me ? Please answer . Thanks

    please be more specific ,which interview??



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  • franklin
    06-15 02:52 AM
    H1 B extension under current laws (if on H1B for 6 years)


    3 years extension if I140 approved and PD NOT current

    1 year extension if LC approved and PD IS CURRENT


    EAD or H1B - both RIGHT NOW are only 1 year extensions...

    As I understand it, as long as you don't travel using your EAD, you can maintain H1B status. If you use EAD, you lose H1B

    btw - as a side note, having multiple questions in 1 thread is almost impossible to track and answer. Ever heard of thread hijacking?!




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  • Joozz
    09-19 04:45 PM
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.




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  • conchshell
    07-29 11:00 PM
    We have to understand one thing clearly. Whether we support amnesty or not ... at any given point we will find an uphill battle called CHC in front of us. Even after a new president gets elected, this congress is gonna have same composition for next three years. CHC understands it well that with a delayed legal immigration reform, US competitivness gets affected, and that's why they do not want to loose this opportunity to get amnesty for "undocumented workers".

    So even after the election when new administration takes on immigration reform, CHC (with the help of all like minded Hispanic organizations) will always put hurdles for legal immigration reform to get the amnesty. In that entire brohaha, what compromise comes out ... no one can guess!! Its quite a possibility that "undocumented workers" may be placed in front of us for a GC, afterall politics is an art to make the impossible possible.

    My gutt feeling is that CHC will not make any compromise before elections, because it has a fear of loosing Hispanic votes. Its more likely that they will sing a compromise note after the elections, but upto what extent they will be flexible only time will tell. Meanwhile, we can run flower or phone campaign, but this will not have any impact on CHC.

    So we may take any stand, we may fight CHC, we may shake hand with CHC, or we may stand without any stand on this issue ... ultimately we will face this brick wall called CHC sooner or later.




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    02-25 10:48 PM
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    Madhuri
    02-25 11:11 AM
    You can get EAD and AP when you apply for I 485. After you get EAD you can apply for SSN. Looks like you and your mom have not yet applied for I-485. If that's the case, then unfortunately you won't be eligible for FAFSA as per my knowledge. I may be wrong.



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