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  • thomachan72
    06-07 07:40 PM
    cant see the daily update thread. dont know what happened





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  • martinvisalaw
    10-22 03:27 PM
    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    It is unlikely. The officer will know that she violated status, because she must disclose this on the DS-156 or DS-160, whichever she will use.

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
    No, thankfully, because she can't

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?

    You need to check the consulate requirements on this. They vary widely, and change frequently.





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  • sri1309
    02-12 08:52 PM
    Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!

    I dont have any other explanation.

    The harder I worked, the luckier I got.. I am quoting somebody here.
    What did we really do in the last so many years to highlight our issues. Be frank. Did you just wait for things to happen or did you participate or do somethig atall. Your answer will help others realize if something is missing and hence can convert into positive action.





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  • mita
    11-14 03:15 PM
    I applied online for EAD on 10/23, no finger priting notice yet was asked to wait 30 days to enquire about it. All materials sent to NSC as mentioned, my I-485 is pending at TSC. Did anyone go through the same delay?
    that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)



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  • ita
    11-07 03:23 PM
    Can I do it over the weekend?

    Thank you.





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  • AB1275
    09-25 03:48 PM
    Thanks for your response.....

    What happens if I-140 gets revoked?
    The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
    Will my EAD be valid?



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  • kondur_007
    07-01 03:22 PM
    It is a difficult scenario. Chances are that it would be very difficult for your mom to ever prectice in US (not to discourage, but tell you the fact).
    first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
    Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
    Then Do the three/four year residency and pass USMLE step 3, get the license.

    Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).

    Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).

    Good Luck.





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  • gsrmurthy
    11-22 12:51 AM
    >I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?

    If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.

    Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.



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  • indianindian2006
    08-20 07:44 PM
    I am a July 2nd filer but my PD is April-20-2006 if that matters.

    RD -07/02/2007
    ND-08/08/2007

    Still waiting...........





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  • smiledentist
    06-22 12:47 AM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.

    What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.



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  • JazzByTheBay
    08-01 08:36 PM
    It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.

    It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).

    jazz

    I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)





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  • Phil Jayhan
    01-25 04:00 AM
    CubedFlash,
    Maybe you can give me my answer. I imported a file from Swift 3D, published, F12 to view, and then went control enter to view the size. After almost choking when I saw the size it added to my SWF (255K for a 7 letter word, spinning) I decided immediatley that was intolerable to my movie size requirements, and deleted the entire Swift 3D animation from my Movie. Took it out of the frames, the library, every place imaginable. And I was floored to find what it did to my Fla. It ruined it. My Fla went from 605K to 8.9 MEG. For all the various purposes of how I use an Fla, it is ruined. The ghost of that Swift 3D stays with my Fla even today. Like a cancer, cannot get rid of it. Can you tell me how to get it out so I can restore my Fla?

    Sincere Regards,
    pj



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  • rani77
    02-06 12:03 PM
    Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

    Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

    Can somebody please help!

    Thanks in advace.!

    What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.





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  • Nabeel
    10-26 04:34 PM
    I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.



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  • butterchicken
    04-28 02:10 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.





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  • wandmaker
    11-22 12:28 PM
    She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.

    Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.



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  • yabadaba
    02-28 01:48 PM
    nozerd,

    The IB system is offered by many charter schools. These schools are public schools but have been set up through a charter agreed to by the parents. They are public schools managed by parents. You do not have to pay anything for your child to attend one of these (At least in the great state of GA, u dont).

    The IB website indicated schools like Jamnabai Narsee in Bombay also offer the IB program.





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  • overseas
    08-23 07:14 PM
    Hi Andhrawala,

    I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.

    In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.

    As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.

    I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)





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  • kevinkris
    05-07 09:34 PM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    ---------------------------------------------------------
    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
    ---------------------------------------------------------


    ---------------------------------------------------------
    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?

    ---------------------------------------------------------





    eborbust
    07-01 09:19 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.

    Search Results - THOMAS (Library of Congress)

    S.2611
    Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)

    SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.

    (a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.

    (b) Adjustment of Status-

    (1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

    `SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.

    `(B) CONTINUOUS PHYSICAL PRESENCE-

    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
    ................

    Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.

    We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...





    sid_das
    04-21 06:36 PM
    sorry didnt see the last 2 lines of your post starscream....

    i will talk to some lawyers and hopefully get some answers.

    my company said the appeal will take atleast 6-7 months nowadays...

    i can work till then without issues.



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