Wednesday, June 8, 2011

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  • anindya1234
    06-01 03:25 PM
    I have already sent a link to this petition to my local Congressman and Senator. You can do the same...let other people know so that we can reach as many Senators and Congressmen as possible and convey our thoughts to them




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  • justin150377
    06-22 09:27 AM
    any advice?




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  • gcwait2007
    12-25 10:12 PM
    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266

    Guru Lazycis,

    The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.

    Thanks a lot.




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  • aamchimumbai
    09-12 12:06 AM
    Folks,

    I applied for my 485 last week and the apps. were received at the NSC on Sep 5. Typically, how long does it take for the USCIS to send a receipt notice? Rather when can I expect to see that my application was accepted for processing....

    It'll be a week tomorrow. Can anyone shed some light from their past experience.

    Thanks all.



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  • eb3_nepa
    04-13 11:19 AM
    I was reading this article.

    http://www.usconstitution.net/consttop_law.html.

    It's a great article and maybe we shud add it in our FAQ section.

    If you scroll down to the heading "The Bill Becomes Law"

    it says :

    Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.

    Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.

    Check this out too.

    http://thomas.loc.gov/home/lawsmade.bysec/presidential.html

    "A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."




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  • BPforGC
    07-15 10:24 AM
    I am in Houston and if you plan to organize a rally, I am in.

    I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.

    Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.



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  • reddymjm
    09-30 10:11 AM
    I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?

    r u from NBKRIST?




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  • mrane1
    09-27 05:48 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.

    Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...



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  • arsh007
    01-31 08:52 AM
    I agree. UnitedNations has been tirelessly providing inputs to a lot of GC cases especially the 3 year degree issues on http://www.immigration.com. His vast knowledge in these areas can surely serve as a valuable knowledge base for potential and current GC applicants. I have been following his posts on http://www.immigratio.com for around 2 years now and his inputs has benefited me in take proactive measures for my employment based GC appliction. Hope we can continue giving his valuable advice on this forum too.




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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off



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  • keerthi
    05-14 01:20 AM
    Thank you very much for all the answers. I will post here when my employer takes a decision on the L1-A/L1-B/H1-B.




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  • kartikiran
    06-17 11:11 AM
    As part of this intiative, members who have gone through with service errors from USCIS can help and save others who might have to go through the same ordeal.

    Please note, if you feel you have been a victim of USCIS service errors, sharing it here will enable IV to discuss these with USCIS and probably work on establishing a channel where USCIS can also help resolve applicants problems faster.

    But the success of this initiative comes with how many of the past service errors we are able to collect.

    So I hope members who have experienced a frustrating ordeal due to USCIS Service errors and had spent thousands of dollars for attorney fees to resolve those, can at least mention their ordeal here free of cost.

    Every mention helps IV to get this initiative move forward.



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  • amitga
    11-15 03:48 PM
    CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?


    He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008




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  • sai
    06-16 01:48 PM
    Last 3 months statement should be more than enough. I printed online statement attested and sent it. I had no problem.



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  • waitnwatch
    04-03 05:43 PM
    I guess Amartya Sen the Nobel Prize (technically not actually called a Nobel) winner in Economics is still a green card holder.

    By the way you guys could also check out Prof. C. R. Rao at Penn State. His website is http://www.stat.psu.edu/people/faculty/crrao.html
    http://www.amstat.org/about/statisticians/index.cfm?fuseaction=biosinfo&BioID=13

    Dr. Rao was awarded the National Medal of Science, the nation's highest award for lifetime achievement in fields of scientific research, in June 2002.




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  • logiclife
    05-14 04:41 PM
    Message from the core group :

    Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.

    The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.

    Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.



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  • eb3_nepa
    08-14 02:42 PM
    to send separate checks so they can generate LIN/SRC numbers against each application.:(

    I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.




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  • vdlrao
    04-10 03:36 PM
    Source?




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  • Dandruff
    02-11 09:55 AM
    Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.


    Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."

    what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."

    You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
    It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.

    hth!




    eb3India
    04-13 11:00 AM
    Also, one should know we are not getting help from our group, I know many guys who are effected by GCs in my office in my neighbourhood, I can't even get them to make one call to senator office,

    how do you expect some other organization to help us, when we can't help ourselves




    Appu
    04-02 12:40 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?



    1 comment:

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