Tuesday, June 21, 2011

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  • talash
    05-08 12:45 PM
    I didnt get notice yet .I read on these posts that we have only 30 days to file MTR.What if i dont get notice till that time .Is it appropraiate that my employer of his attorney contact CIS and let them know that we didnt recieve denail yet and that way have a proof and buy some time .





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  • senthil
    02-08 09:55 AM
    just a word of caution, after seeing these bulletin's for a while now.

    "dont get your hopes high. it will be just a waste of your time"





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  • crystal
    02-10 05:06 PM
    http://immigrationvoice.org/forum/showthread.php?t=14438





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  • Gravitation
    12-16 01:24 PM
    Probably a dumb question which was answered before in some other thread.. but just so that I understand better:

    Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
    If so, how has USCIS handed out these visas historically?

    It's a bit more complicated than that:

    Law comes from three sources:

    Comman Law: Laws inherited from the british justice system (evolved over centuries).

    Legislative Law: Laws passed by congress and signed by the Prez.

    Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.

    So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.

    Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.

    Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!



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  • needhelp!
    09-20 06:12 PM
    Everyone here aspires to be a future citizen of the United States of America. If GC process didn't have problems, we would already have been citizens. Those who haven't learn't to sing it, should do so soon. It can be asked in the naturalization quiz.





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  • cygent
    06-11 07:58 PM
    Is anyone still upto doing something about the 140 situation?

    Employer not paying salary after bloodsucking 7+ years, Lawyers not answering phonecalls, Employer not signing documents, H1-B 8th year expiring. Why O God Whyyyy?!?

    I want to do something, but feel like my hands are tied & me thrown into the sea with sharks, with an anchor at my feet. I am not Criss Angel Houdini. My God Allah Zeus somebody help. Oh Well, Atleast I am Senior Member now.



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  • Dingdong
    10-17 04:55 PM
    The media caters to its audience just like any other business nterested in its own customers. When markets worldwide rise or fall in response to election results in India, it gets major media attention everywhere because the audience is interested. Diwali is as unimportant in America as Thanksgiving in the U.K. There is no point fretting over it. Diwali could become newsworthy when people globally start tracking shopping sales in India since their businesses might depend on them. It's better to sharpen our skills so that we can seamlessly join the global highway than to sit on the sides cursing those passing by that they don't care about us.





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  • lunatic
    05-19 05:57 PM
    Edit:- btw shouldnt it be grammar? ;)

    AAAAAAAAAAAAAAAAAAHHH! You got me. Good one, heh heh.

    :beer: <-- for you
    :trout: <-- for me



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  • ntpatil
    11-11 01:19 AM
    Hi there

    Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.

    Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.

    A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
    Thanks again Chaanakya,

    I understand that the dependent loses the EAD status when the underlying 485 is denied. However, if the primary applicant is still maintaining H1, then is there a way to get H4 back by staying here in the US. Or is the only way to get H4 is to go back to India and come back here. At this point I do not care about filing an MTR to open the 485, but I need to get back to H4 status.





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  • sanju_dba
    06-25 03:06 PM
    1) Sep 16 2007 to Apr 2008 is > 6months so you cannot apply for 797
    renewal to get a new i94 indirectly.
    2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"

    I think of these solutions...
    1) Exit and Enter the country to match with your 797 dates.
    or
    2) Talk to your employer ,find a temporary employer to switch your h1 and switch back to your current employer. ( do premium if necessary ).



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  • at0474
    12-19 03:47 PM
    "Question 1: If they do this, what will happen to my pending I-485, EAD & AP?"

    --I wouldn't do such a stupid thing. You withdraw I-140, your I485 goes to fish!

    "Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?"

    --Your "lawyers" are narrowly focused on being able to apply for another I-140 by withdrawing the pending one. That is not right. Especially, given the the situation that your I-485 is pending, I wouldn't mess with pending I-140. You may not get a chance to apply for another 485 in a reasonably foreseeable future!!

    Ask your lawyer to find out if he can apply another I-140 while one is already pending. I believe one can do that if the job description is different. Not sure.

    If he cannot, then let the LC that you currently have expire. You can start another immediately. It will take some time for the whole PERM process to be completed. You would have gained sometime by then and your pending I140 may be approved by then. If not, you can jump to the new process.





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  • myimmivoice
    04-09 12:37 PM
    The IV is about issues/problems of employment based immigrants, and the goal is to get support as much as possible from every corner in this country to further the cause. Everyone who supports this cause fit in to some category (within legal limits - pro, anti, this group, that lobby, this ethincity, that nationality, etc.), and that does not mean we are promoting something or have preferences for a group. In my opinion any support (with in the legal framework) to the cause of IV from any corner in this country is welcome and should be appreciated.



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  • pune_guy
    11-04 04:22 PM
    Hi,

    Does anybody know of and have used any good lawyer for AC21 related matters from bay area in CA?

    I reside in bay area and would like to consult a local lawyer regarding the "same or similar" nature of the new job that I wish to take using AC21.

    The reason for requiring him to be local is to use his services, again if needed, during adjudication.

    I appreciate any help in this matter.

    I was also planning to phone consult Murthy.com lawyers and would like to know of any experiences.

    Thanks





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  • vdesai_8
    03-31 11:40 AM
    Very well written letter. However If you agree here is something I feel should be updated.

    old:
    "These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."


    New:
    "These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."


    Thanks.



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  • ndbhatt
    11-15 10:37 AM
    I think ppl who have masters or above from accredited US university shouldn't have any visa restriction; meaning they shouldn't be counted towards their country quota. No cap for Masters from US University -:)

    P.S. I don't have masters from US.

    bhattji





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  • vardinishankar
    03-02 03:11 PM
    Thanks Krishna and snathan! That answers most of my questions.

    snathan:

    11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
    12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?

    NO

    I guess you meant "NO" to # 11 and "YES" to #12 - right?



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  • jungalee43
    05-24 12:28 PM
    Sent





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  • vjone
    04-06 03:43 PM
    Did you get the same response when you post your first message.

    I dd'nt know a way to post with out registering ..

    interesting that you created an account just to post this...





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  • sbabunle
    03-27 05:36 PM
    I'm afraid of same things too...Hope something will work out.


    Based on Assement in this article, it almost seems that the chances of STRIVE are dead even before it goes to House Immigration Commettee. I am not trying to be negative or something but the article has such a tone. I can understand that Pelosi did not schedule any timing but what concerns me most is the fact that
    "California Democrat Zoe Lofgren, who chairs the Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law, will hold hearings before marking up any bill"

    Now we all know how one sided these hearings are and how long they take. In nutshell these hearings give chance to any tom, dick and harry to express his opinion and create melodrama. We already worry about melodrama of people such as Sen Sessions in the Senate. Add this drama, and it can easily eat the short window we have to get the relief. I really hope I am wrong here but I have a bad feeling about this :(:mad:





    immi_seeker
    05-12 06:57 PM
    can any expert say what will be the cutoff date after the spill over for eb2.

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    worst: Otcober 1st 2005





    black_logs
    04-04 08:45 AM
    Guys we are still in the game, and we have to be untill the bill (even in the current form) passes in the house. If you remember S.1932 was trashed by the house, so thing will get more hectic for us and certainly for each of you once the bill get passed in the senate. We have to keep all the sections related to EB hitech workers afloat.