9 Haziran 2011 Perşembe

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  • veni001
    11-05 06:55 AM
    Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
    140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
    This is what I get from watching several discussions on various forums. If you have other information please post.

    Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.




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  • kabeer_g
    08-10 02:05 PM
    Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
    "
    Under the Hindu Marriage Act:

    Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."




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  • amitga
    12-09 07:02 PM
    To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.


    Can you please share what steps you took to follow up with NSC on interfiling and did they respond to your requests.




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  • meridiani.planum
    06-27 01:42 PM
    Hi All

    Just came accross the following information as posted by the uscis latest newsletter...

    If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?

    If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

    source: Latest USCIS Monthly Newsletter
    Link available via www.immigration-law.com

    Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???

    can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!

    replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.



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  • Sakthisagar
    04-30 10:07 AM
    I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.

    Good for you do you feel in India politics is much better?? man still a forgein lady is ruling India. if you are in India why you bother about this mess. be at peace with yourself. enjoy life. dont bother ..




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  • IneedAllGreen
    09-21 02:31 PM
    Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.

    On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)

    In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.

    Good luck.



    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
    Thanks



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  • Goodintentions
    01-29 09:16 PM
    Dear All,

    First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.

    1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India

    2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!

    3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs

    4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?

    5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!

    6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.

    7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record

    8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!

    Let us hope that something will work out before the end of the current term (2012)

    Best wishes!




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  • hazishak
    07-05 09:49 PM
    At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.


    There is no way USCIS can accept July applications. They said there is no visa available for FY-2007. Now how they will accept more applications? Basis on what? If they accept applications that means they had enough visa available but they did not want to process in which case the a law suit is imminent.



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  • skynet2500
    11-24 12:19 PM
    Gurus, can you please let me know your opinion on my below situation? thanks a lot.




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  • harivenkat
    05-05 12:16 PM
    Immigration bill would bring Arizona-style law to Pa. - Salt Lake Tribune (http://www.sltrib.com/ci_15017379)

    Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
    By JEFF FRANTZ
    Daily Record/Sunday News
    Updated: 05/04/2010 10:43:28 PM MDT

    A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.

    If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.

    The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.

    Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.

    The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.

    "What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.

    Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.

    Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.

    But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.

    Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.

    Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.

    But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."

    There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.

    "You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."

    Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.

    About the bill

    If passed, House Bill 2479, would:

    # Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.

    # Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.

    # Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.

    # Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.

    According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.

    Click here to read the full proposal.

    Political outlook

    In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.

    Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.

    But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.

    State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.

    "It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.



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  • coopheal
    12-03 11:52 AM
    Bump




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  • TomPlate
    07-02 09:49 AM
    come once again idily. Sounds to me italy.:mad:



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  • SGP
    12-11 04:09 PM
    Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?

    Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.




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  • keaby
    06-18 05:36 PM
    If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.

    If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..

    In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client



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  • jcrajput
    12-31 08:44 AM
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?

    Your help is greatly appericated.

    Thank you.




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  • Kushal
    07-17 01:53 PM
    Not a single contribution by anyone....

    I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...


    Order Details - Jul 17, 2007 11:19 AM PDT
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  • casinoroyale
    08-22 09:42 AM
    I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.

    In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.

    By the way, this is the only way one can re-instate their H1-B status after using EAD.


    Coming back on H-1B after using EAD
    =========================
    Is it possible ? if yes then how ?
    Is there any risk in this ?

    Thanks for all who reads and reply..




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  • gbof
    01-28 09:16 PM
    Folks, please help:

    I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.

    My questions are:
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?

    Thanks in advance.

    I can not say on on Q1 or Q3 but for Q2, I am told by attorney USCIS does not entertain BC from consulate or BC issued by school board.




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  • kabeer_g
    08-10 02:05 PM
    Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
    "
    Under the Hindu Marriage Act:

    Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."




    buehler
    07-11 01:17 PM
    If you get one consolidated paycheck and W-2, you're fine. Otherwise, you will have a tough time explaining multiple paychecks and W-2s to the immigration officer when you go for visa stamping or when entering the country.




    MrDesi
    02-07 04:36 PM
    you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.

    Hello , Basically i was working in company B for a long time and they applied GC. Then I shifted to comp A and filed labor recently.

    The company B was not doing good and for safety sake applied GC in company A also

    Regards



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