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  • pcs
    05-31 11:56 AM
    bump





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  • eb3_nepa
    01-08 04:36 PM
    The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).

    No rule yet to exempt H4 from H1 quota.

    Hi,

    Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?





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  • milind70
    04-07 05:28 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg

    There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.





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  • ronhira
    10-20 12:44 PM
    Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.

    there is no need for pro-immigrant senator to respond becoz as soon as they respond..... it will increase the visibility and importance of grassley..... many a times in politics, the purpose of putting out provocative statement is to provoke a response..... to that effect, no response is the best response.... it is better for california director to respond & fight with a sitting senator, which de-values grassley's perceived seniority.....



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  • a_tyagi26
    02-02 12:10 PM
    Assume:

    This mean from the date this bill gets enacted, one should stay in USA for five years continuously.

    It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.

    What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?

    I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.





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  • digitalrain
    06-25 06:50 PM
    The link below describes where and how to apply for humanitarian parole.


    USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)

    Thank you.
    Should I apply for my kid,or put his name, as if he's applying for himself?
    I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
    Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
    Thank you



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  • gc_75
    07-17 08:00 PM
    How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.

    For applying with Company B, you need to have fresh a PERM Labor approved from Company B.

    Hope this helps.

    I have a unique situation and I would really appreciate if someone can answer.

    My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

    Please help...:confused:





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  • logiclife
    02-27 11:51 AM
    This decision is too important for you, it seems, and I would consult a lawyer for best course of action because the users on forums are not lawyers and they can give you options, but it may not be the best option.

    Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.



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  • webm
    09-25 11:10 AM
    So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?

    What if they do not know what an EAD card is?


    Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?


    1)Just say them that you have EAD work permit authorization and can work for any employer/company on W2 basis.
    2)You just explain them with its use.Mostly everyone know about EAD is used for..
    3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..

    HTH,





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  • lostinbeta
    10-20 10:09 PM
    I don't have THAT many posts :P



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  • LCtank
    05-19 01:53 AM
    To be honest I don't like the title, but it's good to have our voices heard loudly, anyway.





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  • Quadrucle
    09-15 12:39 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks



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  • frostrated
    04-09 04:49 PM
    i would say efile. You will get the file number immediately as opposed to the mai taking a couple of days to travel and then getting processed into the system. Ultimately, there might be a difference of upto 7 days between case numbers. The earlier your case number, the more advanageous your position will be.
    Just my 2 cents.





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  • kamal
    08-04 02:27 PM
    Hi,

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?

    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?

    3. If so how would I approach from here?

    4. Has anybody similar experiences with their employers?

    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?

    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).



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  • emmNemm
    07-16 08:57 AM
    I agree. I am EB2 and my Prevailing_Wage_Level is Level II





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  • conchshell
    05-04 03:05 PM
    Its a good idea to gather support letters from employer. However, I have doubt that American corporations will openly support us. Two reasons:

    1. No corporation would like to get the ire of local population, which does not even understand the difference between legal vs illegal immigration.
    2. The longer legal immigrants get stuck in the limbo ... the better for the employers. That's why corporations always ask for more H1B visas, but almost never voice for faster green card processing.

    My 2 cents.



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  • eb3retro
    09-26 12:10 PM
    i am a july 2nd filer at NSC , got EAD too. i-140 originally from NSC also.





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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21





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  • shaifu
    03-28 10:37 PM
    Hi Friends
    My employee filed for H1 extension for me in oct 2007.Earlier i had been granted a 3 yr extension in 2005.Today USCIS reported that they needed additional information from me to approve my case and had mailed me a letter in this regard.Does anyone have any similar experience.I have my EAD and AP and my PD is Sept 05 in EB2.What information if any could USCIS be needing.Any suggestions are highly welcome and appreciated





    tikka
    05-29 04:13 PM
    AVS channel has an indian program every saturday starting 10am -12.00pm

    I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.


    If some one has contacts at AVS may be IV could get more coverage.

    Thinking out loud..

    Excellent idea.
    In the mean time have you sent out web faxes, emails, called senators?
    We could really use the effort right now...

    thank you





    Hermione
    09-25 03:52 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......

    As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.



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