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  • nlssubbu
    03-22 01:34 PM
    Thanks guys for reading such a big article and taking time to know against whom we are really fighting for. I hope every one read this article and know the people behind the scene, their intentions, the power and clout they have.

    This may help all of us to be united to fight against such powers leaving all our diferences for a good cause, which is a herculian task.

    I only hope all members of IV stand united to achieve success.

    Good luck and all the best,

    nlssubbu




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  • guyfromsg
    07-26 08:31 PM
    hey guys,

    i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?

    I will appreciate any help.

    thanks

    ashish

    According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf




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  • PDOCT05
    11-15 05:07 PM
    I am also in the similar situation.....i did resubmitted my application on NOV 1st...still waiting for receipts.




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  • dohko
    01-11 10:04 PM
    I'm not from India. I'm from ROW.



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  • Karthikthiru
    07-09 02:12 PM
    As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid




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  • icecold_astro
    09-28 04:35 PM
    Hi,
    My parents came here on last saturday and the I.O at Port of Entry told them he's giving them 6 months to stay with me but when I looked at their passports, my mom's I-94 was stamped for only 3 months whereas my dad's passport was stamped for 6 months. If I go ahead and apply for 3 month extension for my mom when is the best time to do it? They have their return tickets in March and they don't have any intention to stay beyond that period. I was just wondering if it's just a stamping error of if they indeed has given my mom only 3 months. Attorney's please respond.
    Thanks



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  • gregspirited
    09-22 02:13 PM
    I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.

    My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?

    1. Will I have to re-file for PERM again with the new company?

    OR

    2. Can I continue under the already audited PERM in smaller company's name?




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  • sanjose16
    02-26 01:22 PM
    Thanks fromnaija for quick reply..

    I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...

    Based on you reply,

    all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...

    If it cannot be done,

    then I should pray that her H4 extension gets approved first......



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  • aamchimumbai
    02-04 09:40 AM
    Folks,

    This message is for people who left US before AP was approved.

    My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.

    At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.

    I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.

    Hope this helps. Let me know if you have any questions.




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  • kshitijnt
    02-20 04:16 AM
    Hello,

    I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?

    Thanks.

    Hi, My wife was in similar situation and I can provide following advice:

    If the school is public, then you need to stand benefit of resident tuition fees. However, keep an eye on the bigger picture, that is your career after the school. These days its difficuilt to get H1, although good MBAs should not have this problem. Some CA schools allow OPT and consider time on your H4 for OPT if you were a FULL TIME STUDENT on H4. But you can change status to F1 just before filing OPT (6 months or so) I.e. Be in H4 Status for 3 semesters and be full time student and change to F1 in 4th semester and right away file for OPT or CPT. You will need to work out the technical details of this. Hence you can take advantage of the best of the both worlds.

    If it is a private school, resident or non resident fees dont matter. H4 is of no benefit in this case, file for F1 right away.



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  • bhatt
    05-21 11:31 AM
    Hello,

    Here's my situation:
    H1b: 7th Year (valid through Nov 2009)
    Labor: Approved
    140: Approved
    Category: EB2
    Priority Date: Aug 2007
    485/EAD: cannot file due to retrogression

    I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
    1. Can I change my employer?
    2. Can I retain my Priority date?
    3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?

    Please help.

    Thank you.

    U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140




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  • sagittariusarm
    02-12 07:27 AM
    My wife met with a very minor accident and it was her first accident. It was an on a unattended car. The back bumper of the car got scratched, The main mistake she did was , she did not leave a note and she came home, she basically panicked. She called me and I told her to go back and call police by that time, somebody complained to police and police came home and issued citation. According to Florida statues this is a criminal violation.

    The following is the detail of the citation.

    Crash: NO
    Injury: NO
    Serious Injury: NO
    Property Damage: NO
    Aggressive Driving - NO
    Fatal: NO

    I am in the process of talking to traffic violations related and Immigration attorney.

    I would appreciate if somebody can please advice on the following.

    1) What will happen to her I485 process? currently she has EAD and I485 is pending
    2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
    3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?

    Please let me know.



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  • India_USA
    06-30 11:39 AM
    Arizona immigration law backer politician Barry Wong wants to cut power from illegal immigrant homes (http://www.nydailynews.com/news/national/2010/06/30/2010-06-30_arizona_immigration_law_backer_politician_barry _wong_wants_to_cut_power_from_ill.html)

    One Arizona politician has made a vow to make illegal immigrants powerless -- literally.

    Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.




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  • gcdreamer05
    11-09 08:37 PM
    Hello,

    My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.

    Your reply would be appreciated

    Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.



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  • wandmaker
    11-16 05:26 AM
    You should apply for a renewal EAD six months before your original EAD expires. Check out this link below.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Hope this helps!




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  • m2kkk
    07-31 12:29 PM
    I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.

    Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.

    Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?

    Thanks



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  • ashshef
    09-01 02:44 AM
    Just tell the first level rep that its been over 90 days. They don't even ask your name...so no bad ramifications. They will transfer you. You can tell the 2'nd level rep the truth. They don't know what you told the 1'st level rep.




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  • purgan
    10-06 10:41 PM
    There is a story in the Oct 6 Wall Street Journal on high skilled immigration reform. If anyone has a subscription to that, pl. post for the benefit of members...

    OpinionJournal's Political Diary
    Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
    2:30 p.m. EDT

    http://www.opinionjournal.com/

    =======
    Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.

    http://www.economist.com/surveys/displaystory.cfm?story_id=7961938

    Here are some excerpts

    Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.

    Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
    http://www.economist.com/surveys/displayStory.cfm?story_id=7961894




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  • naveenarjun
    02-27 01:41 PM
    I am definitely NOT counting on it..Its been while since I though about my long- lost application.

    Just thought I would post a question in the hope that someone would say the PD would advance to 2007..Just to keep me going:)




    WAIT_FOR_EVER_GC
    10-25 03:13 PM
    Go for the long term assignment on L1. Apply for GC in america and live happily. They will or cannot stop your wife to apply for your GC if you are on L1.
    You will also have US experience which will help you a lot later.

    Untill and Unless you have something else in your mind that you have not mentioned here
    I would think you should take up L1.

    GC bhi milegal.
    US jaldi aaoge.
    US experience

    Ek teer se teen nishane

    Good luck
    Hello,

    I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.

    I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?

    I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.

    Thank you.

    Regards,
    MrZ




    go_guy123
    08-16 01:05 PM
    Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law �€“ Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)

    From Murthy law firm.

    MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)

    This will be a major blow for the IT consulting business model.



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