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  • ysnraju
    07-25 10:45 PM
    So far not come across
    But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
    So no wonder Dependent may get approval.....
    But lot of questions araises
    Just for argument shake please do not expect to happen but for argument
    if the Primary applicants is not eligible then what they will do ........ :)
    .......





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  • cris
    08-30 09:28 AM
    Immigration gurus, need your advice ASAP

    my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?

    I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .

    my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .

    I know that after approval I need to get visa stamp .

    Your quick inputs will be highly appreciated

    thank you in advance





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  • bluekayal
    03-03 02:22 PM
    It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.

    Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
    In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
    And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
    So I have no go...

    But thankfully, at least I have a 2006 I-140.

    In the meanwhile I've lost my job as well.

    If anyone knows an editing job please get in touch!





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  • royus77
    06-25 10:12 AM
    My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?

    if there is any breakage clause,Make sure that you understand the amount of damages. If the company is desi ,you can always negotiate at a later time



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  • gcformeornot
    08-16 01:44 PM
    Hi,

    My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?

    My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.

    Thanks for your advise.

    is paying for my complete GC process. But I am going to pay for my wife and kid's legal fee for 485+EAD+AP and filing fees for 485+EAD+AP





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  • sidbee
    01-02 08:01 PM
    I really wish , i could file my 485 in 2 years, If not i am moving to UK.
    Another question , being a junior i have, How does IV use our donations to compel USCIS/DOS to do things in favour of LEGAL IMMIGRANTS?



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  • kk_kk
    02-03 06:51 PM
    I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.

    I am still fighting with BA for getting an refund.

    I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended





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  • Asian
    12-07 01:15 PM
    When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

    In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

    This is a different question. Is the government job also regarded as cap exempt non profit?

    Thank you very much for your help! Our immigration gods bless you!

    Best,


    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.



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  • nageshwarraoj
    06-15 04:15 PM
    I filed I-140 and I-485 before retrogression and
    My I-140 is approved May 30th 2006
    CATEGORY: EB2 (NIW)
    FP1: 10/16/2005
    FP2:05/24/2007
    Medical: 07/02/2006

    Can I expect my Green Cards in July, 2007 please anyone?





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  • pmb76
    03-25 04:49 AM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !



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  • Blog Feeds
    07-08 11:30 AM
    AILA Leadership Has Just Posted the Following:


    While the 1986 Immigration Reform and Control Act (�IRCA�) prohibits employers from knowingly hiring or continuing to employ unauthorized workers, the Obama Administration�s decision to vigorously enforce employer sanction laws against employers, before providing a path to U.S. employers to legalize critical essential workers, is plain bad policy. �Immigration officers are investigating workplaces in every state in the US to check whether they are hiring illegal workers.� ICE launches workplace immigration crackdown (http://www.google.com/hostednews/ap/article/ALeqM5h_EhhmjIcqAzvJainjWnJTLRylXQD995P1T80)

    We are in the midst of the �Great Recession� and U.S. industry is struggling to remain competitive. President Barack Obama�s strategy puts U.S. employers and industry between a rock and a hard place. While the law requires U.S. employers to verify, through a specific process, the identity and work authorization eligibility of all individuals, whether U.S. citizens or otherwise, it is practically impossible to obtain legal status for employers who discover undocumented workers in their workforce � even if they have been employed for decades. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html).

    The diligent employer questioning the veracity of employment eligibility documents can face discrimination charges and vigorous enforcement by the U.S. Department of Justice, if for example, they check only Latino workers, or subject certain classes or worker to extra scrutiny. The U.S. Department of Justice Office of Special Counsel enforces the antidiscrimination provisions that protect most work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law prohibits retaliation against individuals who file charges and who cooperate with an investigation. Office of Special Counsel for Immigration-Related Unfair ... (http://www.usdoj.gov/crt/osc/)

    No one knows how many of the 6,000,000 U.S. employers, as well as household employers, are familiar with, and in full compliance with the complex U.S. immigration law. Many employers are surprised when told the law requires ALL employers to complete an Employment Verification Form I-9 for any new employee hired after November 6, 1986, or face huge civil fines, and possible jail sentences. The I-9 Employee Verification form must be completed within three days of hire for all hires including U.S. citizens.

    Vigorously enforcing this law without providing employers any way to keep essential workers puts employers struggling to make ends meet with the possibility of receiving huge fines, and even prison sentences if they "knowing continuing to hire five or more workers." Actual knowledge of the undocumented worker's status isn't always required, and "constructive knowledge" will suffice where the employer "should have known" of the worker's status. For example, if the employer tries to sponsor an undocumented worker for immigration benefits, the employer is presumed to know of the workers lack of immigration status. The Department of Homeland Security, through its enforcement division, Immigration and Customs Enforcements (ICE) has undertaken a massive new enforcement effort directed at employers large and small. More than 650 US businesses to have employee work files audited (http://latimesblogs.latimes.com/lanow/2009/07/more-than-650-businesses-nationwide-to-have-employee-work-files-inspected.html) Los Angeles Times - ?Jul 1, 2009.?

    The focus on audit enforcement is clearly evidenced by the rising number of worksite audits, increased heavy civil penalties and likely continuing criminal prosecutions resulting from worksite violations. Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home) New York Times - ?Jul 1, 2009? �The Obama administration began investigations of hundreds of businesses on Wednesday as part of its strategy to focus immigration.�


    While employers need to be extremely cautious and take steps to ensure that their employee verification papers are in order, the government needs to fix the immigration mess BEFORE pursuing this new aggressive policy of conducting ICE AUDIT "RAIDS�. Employers should be given an opportunity to pursue a legal path for essential workers before the Immigration and Customs Enforcement officers come �knocking at the door.�
    http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story (http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story) Los Angeles Times: L.A. employers face immigration audits.

    Many employers are caught in a Catch-22 when it comes to employee verification. �If you�re in the roofing business, if you�re in the concrete business, you don�t have American-born workers showing up at your door ... you have Hispanic workers showing up at your door, and they have what looks to be a legitimate Social Security card ... under our current law, if they have a card that looks legitimate and you don�t hire them because you suspect they are illegal, then you are guilty of discrimination and could be investigated by the U.S. Equal Employment Opportunity Commission that�s the current system and it�s broken." Said Norman Adams, co-founder of Texans for Sensible Immigration Policy to the Houston Chronicle: Immigration crackdown goes after employers. http://www.chron.com/disp/story.mpl/special/immigration/6506722.html (http://www.chron.com/disp/story.mpl/special/immigration/6506722.html)

    Vigorously enforcing these laws without providing an option to employers is plain bad policy and it could make our economic situation worse. My experience with the employer verification law is most employers are simply not familiar with all aspects of the complex immigration laws. Most employers don't know that if they question a legal worker�s documents, the U.S. Department of Justice (U.S.D.O.J.) may charge them with discrimination. The adverse impact on the economy and on the housing market could be serious. The substantial economic contribution of hard working immigrants is clear. Economic contributions of immigrants come in many forms in California. (http://topics.sacbee.com/California/) The California Immigrant Policy Center (http://topics.sacbee.com/California+Immigrant+Policy+Center/) estimates that the state's immigrants pay $30 billion in federal taxes, $5.2 billion in state income taxes, (http://topics.sacbee.com/state+income+taxes/) and $4.6 billion in sales taxes (http://topics.sacbee.com/sales+taxes/) each year. The Selig Center for Economic Growth (http://topics.sacbee.com/Selig+Center+for+Economic+Growth/) calculates that the purchasing power of Latino and Asian consumers in California (http://topics.sacbee.com/California/) totaled $412 billion in 2008 � nearly one-third of the state's total purchasing power. The U.S. Census Bureau (http://topics.sacbee.com/U.S.+Census+Bureau/) found that California (http://topics.sacbee.com/California/) businesses owned by Latinos and Asians constituted more than one-quarter of all businesses in the state as of 2002, employing 1.2 million people and generating sales and receipts of $183 billion. Where would our economy be without these immigrants? http://www.sacbee.com/opinion/story/1981220.html (http://www.sacbee.com/opinion/story/1981220.html) Sacramento Bee: Immigrants are not a fiscal drain.

    Comprehensive immigration reform requires a path to legal status for the undocumented and an orderly system for future worker flows to allow U.S. industry to innovate and compete globally. It will require a complete overhaul of the government agencies that now mismanage a slew of immigration programs that could and should be the rejuvenating lifeblood of our nation. http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html (http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html) New York Times: Opening a Door to Young Immigrants.

    The American Immigration Lawyers Association (AILA) understands the issues from a deep perspective, not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers to enable employers to legalize critically needed workers in agriculture, construction, and to provide future flows in certain areas including scientific fields, where as many as two thirds of our advanced degreed graduates are international students. We must also provide due process protections and restore the rule of law in immigration adjudications, and in our immigration courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).https://blogger.googleusercontent.com/tracker/186823568153827945-4886898674742904565?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html)





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  • gc28262
    06-14 02:57 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)



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  • bsbawa10
    04-11 08:58 AM
    I have couple of questions



    2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.
    Please suggest.

    I think you can say 485 filed.





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  • pappusheth
    05-02 12:02 AM
    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.

    Thanks snathan. I do plan to carry I-797. When you say "you will be given till Aug 2009", what are you referring to?



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  • joydiptac
    03-13 02:11 PM
    Chorke na jao saiyaan... :D
    CONGRATS buddy!





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  • mytrix76
    01-10 01:50 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Thank you guys.
    So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?



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  • milind70
    04-07 05:22 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

    Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.

    I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run





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  • clockwork
    02-02 06:15 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.





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  • nat23
    03-14 02:19 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.

    To answer your question: You DONT need a transit visa if you have a valid US visa.





    Marphad
    03-27 10:34 AM
    Yes, you should be.

    Thanks. I am still waiting for lawyers to reply on the forum.





    srikondoji
    04-26 03:34 PM
    Microsoft/IBM/Infosys/Wipro are interested in H1-B visa number hike.
    They only want more new H1-B's, coz they have to pay more for those who are already here.

    Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.

    Remaining skilled labor force with his H1 term ending are of no use to anyone.
    I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
    Thanks
    sri



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