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    • mihird
    07-11 05:29 PM
    www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.

    Dude, don't accuse me of anyting...I never said its a government site, although it does look like one - now that you are telling me that it not one - thanks for clarifying...


    I think, the emails would still go to Bush/Cheney...




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    • LongJourny
    01-22 12:10 AM
    Hi,

    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
    I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.




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    • Desertfox
    01-02 03:12 PM
    School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.

    However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.

    GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!




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    • iam4u4ever
    06-05 05:26 PM
    thank you


    more...


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    • syedajmal
    07-31 03:53 PM
    Option 1 - If she has been out of the USA for a significant amount of time for which you have proof, that time can be recaptured. I did this and recaptured 7 months. And Yes she can work for the time recaptured.

    Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.

    Hope this helps




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    • MeraNaamJoker
    09-16 04:50 PM
    Having stated the above which pretains only to those cases which are still in process.

    For those who have their GC in their hand, the situation could be slightly different.

    If you do not join the company, it is considered as SHAM EMPLOYMENT.

    I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.

    GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.

    By the way, I have decided to join another company after 2 months.

    Jumping the boat immediately might cause trouble.

    So please be patient and give it as much as time as possible. I will say at least 2-3 months.


    more...


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    • mayitbesoon
    08-22 04:41 PM
    This could be a second part of campaign for administative fixes. also, please include some strategy to fight for FIFO processing. This is also very important issue




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    • cbpds
    01-27 02:04 PM
    THe questions to Obama is gaining steam, IV needs to tell everyone to vote so that our questions will be highly ranked

    see this
    Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)


    more...


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    • rbalaji5
    07-25 03:09 PM
    There is a problem with my wife's date of birth certificate. The brith certificate holds the original date of birth (May 1973) where as the all other ceritificates like school records, passports is having different date of birth (Dec 1973) (usually in India we used to change the date of birth to get into the kindergarden with some early date of birth). I am unable to get the Non-availability certificate as the original birth certificate already exists. Correcting the date of birth all the certificates and passports is not possible and it may took a long time as we need to go through court.

    I am planning to submit the affidavits from parents alongwith the other certificates like 10th Mark sheets, etc., Pls advise - Is it ok?.

    Otherwise I can submit the original brith certificate alongwith affidavits from parents and relatives saying that the date of birth is mistakenly registered.

    Please help.




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    • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.


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    • GCA
    09-15 01:05 PM
    hahah, interesting, funny but logical... I guess they just did not think through all this and why would they :mad:

    Had they able to think that far, may be many of the issues we face today wouldn't have cropped.




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    • valatharv
    07-26 08:37 AM
    Finally we got our 485 approved on July 15, 2010...

    Priority date : March 2005
    Cat: EB2, NSC


    more...


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    • lee.cook
    May 30th, 2007, 10:27 AM
    Hey Again,

    I bought myself one off those Giotto Rocket Blowers thingimajigs, but wanted advice on the correct way to use it, the angle etc, angle off the camera.

    Anybody got any pictures of the correct way? thanks very much.
    Fashion models come on H1B? Give me a break.. [Archive] - Immigration Voice
    Log in

    View Full Version : Fashion models come on H1B? Give me a break..





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    • leoindiano
    08-28 10:50 AM
    Pappu,

    I am not a recurring payment subscriber. I dont want to be. I still contributed 600$. That is like a monthly contribution of 25$ for 2 years. I am not sure why i have to explain this.

    Only recurring subscribers are Donors? Is that a new definition?


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    • Dipika
    12-23 12:18 PM
    Thanks looivy for the details of your exp.
    We would like to know when did you go to Nogales for H1 stamping?

    My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

    i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

    IS my husband eligible to go to Nogales for H4 stamping?

    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!




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    • svgupta
    06-15 03:40 PM
    Yes.. Leave it blank.. Even my attorney said so...


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    • sukhyani
    09-04 04:19 PM
    You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...

    What was the Approval date on your I140?




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    • validIV
    04-16 11:46 AM
    See my answers in red

    I did not wan to create a separate thread since I have similar questions:

    My situation:

    US pharmD graduating in may 09
    H1B approved ( start oct 09)
    OPT not approved yet
    Married to F-1
    child born in US
    Country- Gabon (both)
    city- nashville TN
    Company-CVS


    Facts:

    My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
    I pass my boards in June, I should be go to go for GC filing as soon as October.

    Questions:

    1. is changing address within the same city affect GC procress? Its not a big deal, people do it all the time. Its a two step process, much easier if you have a lawyer file your applications since they will usually get copies of all correspondences with USCIS and they will take care of this for you. If you are self filing, you will need to take care of both steps yourself. See this: https://egov.uscis.gov/crisgwi/go?action=coa

    2. What r the pros and cons of filing GC that early into employment?The earlier the better. The CVS guy told me usually people prefer to wait longer before filing for GC. why? Corporations and businesses do not make it a habit to file GC/PERM apps for their employees if they are only temp or on probationary periods. Normally when they hire someone, they are on probation with the company for a year or so. If they like your work they will keep you and file your application for permanent residency. So normally businesses dont file your GC app until after 6 or 12 months. With CVS, consult your supervisor what the standard filing procedure is. Do not overstep the company policies and file yourself. You need them to file it for you when they are ready and willing.

    3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. Does not matter what status your husbands is in as long as it is valid. You can research the pros and cons of H4 vs F1 yourself, that alone is another thread's worth of discussion. You specifiy your husband as a dependant of your GC application usually at the last step before your I485 approval, when your PD becomes current.

    4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance. I was in the same boat as you, coming from F-1 to H-1. You are doing the right thing by expanding your knowledge base and asking people. Work hard at what you do and follow up once your application is filed. With the economy the hardest part is finding a job that will sponsor H-1 but youve already gone beyond that point.




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    • gc_on_demand
    04-04 11:29 AM
    Can pls add poll to this by month. We atleast know 3 cases..

    i voted as sep 2007 from one lawyer posted that news.




    Becks
    02-01 09:49 PM
    Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.




    lostinbeta
    10-04 01:35 AM
    Read in my post in the first page of this thread. I changed the last stop so it would be easier to understand and do.

    I believe for my step to work you need to have the tool next to the marquee tool activated (the selection tool? I forget what it is called)


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