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  • EADQuestion
    08-14 12:21 AM
    My EAD expiring on September 9th, 2010. I applied June 16th 2010, Notice date 23rd June 2010.

    I have not received anything so far. I have India travel planned on August 27th.
    My worry is if I receive Finger printing notice when I am in India, what will I do?
    USCIs expedite request denied because 75 days not over yet.

    What are my options? Losing my sleep over this. Pls answer..





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  • number30
    03-05 07:30 PM
    It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic





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  • centrum
    09-25 02:33 AM
    Hi,

    I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.

    My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:

    a) H-1B extension
    b) PERM
    c) green card

    If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.

    I would really appreciate if you could reply with cases you've seen or experienced in the past.

    Thanks in advance.





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  • sduddukuri
    04-07 07:49 PM
    I said "NO". my lawyer suggested to file it as NO. We left country within 2 days after we came to know about the denial



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  • alterego
    12-08 04:13 PM
    It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform

    Agreed. However due to the Iraq war. Bush is very unpopular. His conservative base revolted and the republican party did not tow the line and did not support him on this issue, in truth the other side was more helpful than he could have hoped. I agree Bush tried his best, but if he tried in 2001 the result would almost certainly have been different.
    A new president comes with a mandate and some fresh political capital. It just depends on what issue he wants to start spending it upon. Given how controversial and virtually radioactive this issue has become, I would not blame the next president if they started with something else. However if things start to go well then he/she could start pushing for this and he/she could provide political cover for congress on this.
    Our issue ought to be less controversial but in congress, anything pro-immigration seems to be sneered at right now. Everyone is set on this enforcement first policy and don't want to hear a thing else. It is unfortunate.
    All said, we and our issues cannot wait until 2009. We have to push and try to get this done whenever an opportunity come up. Even after 2009 nothing is guaranteed and we might just find that things get worse too, especially if there is an economic downturn.
    That is why we need to push hard now.





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  • Dhundhun
    03-29 09:51 PM
    ---
    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.


    How come sareesh will return on expired Visa (12/09/2006)?



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  • sieger007
    05-27 02:07 AM
    Hi krishnam
    I too have got I140 Approved already in Sept 05.
    My concept was that once I140 is approved you are free. Employer cannot do anything.
    After 140 approval can employer do anything to jeopardize the GC Process.
    Anyway
    2005 140 is approved.
    2007 I left employer to work in non US Location. ( No US Income )
    Was in good terms with him though.
    2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
    Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
    Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
    Can you throw some light about how this works ?
    Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
    PLEASE KINDLY ADVISE ME
    Thanks
    Sam





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  • realist
    01-27 09:33 AM
    Employment Second Preference - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Second_Preference) The Job also need to require an eb2 qualifications.
    It is best to be cautious when applying first, rather than take a chance with eb2 and worry later.



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  • chantu
    08-21 06:17 PM
    Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.

    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.





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  • pmamp
    04-19 08:03 PM
    It ought to have some impact on members of Congress.

    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten



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  • painful_GC
    03-11 03:10 PM
    hi..Many thanks..this is an excellent information..I was suggested to wait for the H1 Decession and then get L2 status.Good to know that we can do L2 and EAD cocurrent filing.is there any URL about this information ?? Secondly..

    If i go with required documents to india and get stamped how long do u think it takes??





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  • Devils_Advocate
    08-20 03:58 PM
    You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.

    Did you file that income as a tax return??



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  • chandra_mb
    03-10 12:55 PM
    H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
    "NO"

    Nurses come under schedule A which is completely different
    Main point---


    Nurses is completely a different cap and category.

    Thanks for your reply, I do understand the process - sponsor-LCA etc..,
    I just want to know if a sponsor can apply for H1 Dentist for a canditate who does not have a dental license yet.
    Its hard to believe that a H4 cannot convert to H1 on a dentist job for the lack of SSN - I am sure there must be many people who passed/going through such situation (H4 to H1 dentist) - just looking for someone to share their experience.





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  • veerkar
    10-02 01:37 PM
    You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.



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  • anilvt
    08-28 05:20 PM
    got 2yr ead ...140 approved in 2006 ...i am current now ...

    i don't know why they issued 2 yr ead ...but i don't have waste money on lawyers for next 2 yrs

    there is no rule which they follow ....

    i remember old saying rules and promises are meant to be broken ...

    well crazy world and crazy us





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  • jthomas
    04-24 12:47 PM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.

    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL



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  • chanduv23
    11-11 04:33 PM
    Dear IV members,

    Attorney Prashanthi Reddy, will be available on IV Chat every Thursday 9.30 PM EST and will answer questions posed by IV members. The chat is available to all IV members with access to the chat room

    http://immigrationvoice.org/forum/misc.php?do=cchatbox

    The chat will be moderated and archived and archives will be made available to all the members

    Our first Attorney Chat with Prashanthi Reddy will be on Thursday, 20th November, 2008 at 9.30 PM EST.

    Thanks,
    TEAM IV





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  • simon03
    07-14 12:24 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?



    Should I





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  • dilipb
    02-13 03:54 PM
    What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.

    but but but....





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    nefrateedi
    08-29 12:03 PM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!

    When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.



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