Sunday, June 12, 2011

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  • gcsim
    07-19 08:56 AM
    I did my address change last month and got soft update...my dates are also current.On friday I got a notice from USCIS for biometrics...don't know what triggered it..still waiting for the biometrics notice for my family.





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  • smartboy75
    10-01 06:11 PM
    Anybody ..any replies ??





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  • painful_GC
    03-09 02:39 PM
    Hello everyone,

    Here is my status..someone please clarify as my immigration attorney has different answers each time

    1) I am on H1B status and recently transfered to a new H1B Employer and i got query last week.
    2) My Husband is holding a L1B Visa and its valid till Nov 2011.
    3) Can i apply for L2 now(without COS) while waiting for H1B Approval?? This will allow me to change to L2 if something happens to H1.
    4) If i have my H1B approval i wish to stay and work on H1B.if not i will be moving to L2(leave the country and comeback ??)

    Please post your prompt answers.

    Thanks





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  • hopelessGC
    11-12 04:48 PM
    The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)

    Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.

    Correct, just the passport. Visa is not checked when traveling withing the US.



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  • nandini
    08-03 06:02 PM
    i had applied for 3 extension in May, in June when all dates were current i was given 1 year extension . After July 2nd ,as they became unavailable again my emailed my attorney and she spoke with USCIS and without having to reapply i was given extension till 2010.

    i think you are eligible for 3 year extension.





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  • AK_GC
    07-22 02:42 PM
    Or can we work on EAD and let the H1B lapse. The employer is the same. Thanks for the information!



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  • pappu
    09-22 01:12 PM
    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637





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  • Nabeel
    10-26 09:37 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    I am not quite clear on your question. Why would you convert from H1 to F1 or B2 ? I think you should extend your H1 in Mar or Apr 2008. Hopefully You will get your Labor approval by end of Nov or December and then you should be able to file for I140. If I am not mistaken you should be able to apply for three years extension on the basis of your I-140.

    Nabeel



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  • dionysus
    03-17 01:59 PM
    Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?





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  • indyanguy
    08-07 09:31 AM
    Please

    Well, if the employee's qualifications and experience are a match to an approved labor application, why would it not be considered genuine? I understand you being paranoid about LC subs because of the fraud that was involved. To generalize this is however not appropriate.



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  • americandesi
    10-18 06:03 PM
    This due to increased fee coming to effect after July.

    The increased fee went in on July 31, 2007 and as far as I know, no relief in fee was provided to naturalization applicants unlike I-485 applicants till Aug 17. Still many naturalization applications were filed in Aug 2007.

    Looks like the I-485 wave swept the naturalization applicants too :)





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  • tonyHK12
    04-27 01:05 PM
    The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.

    More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)

    $1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.

    Ok lets average $11 billion into 22 million illegals - A whopping contribution of $50 per head in income tax per year

    I'm not even thinking of the remaining 500,000+ people in the legal employment immigration queue



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  • gmail
    07-22 01:31 AM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • jasmin45
    03-14 09:34 AM
    Most of the american students (not all) does not develop the attitude and key qualities required for Higher education in science and technology. As per my observation, lot of them seems to have high ambition, which is good, but no focus on means to achieve it.

    Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.

    This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.

    Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.

    There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.



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  • arihant
    06-01 12:47 PM
    Those who are eligible to apply in June, did you apply the first day itself, or will do it later?





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  • sdrk
    07-09 07:34 AM
    Reached on July 2nd, 9.01 AM through FedEx, mailed on June 29th



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  • chanduv23
    02-14 03:58 PM
    We want widespread support from all Physicians.
    If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.

    Please spread the message and get your organizations to participate actively in this campaign.

    Please post you pledge for support on this thread





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  • GKBest
    07-14 01:45 PM
    I too am surprised to see Philippines being on top of the GC Allocation when in fact only a few are applying for skilled categories in comparison to India and China. What you said about the Schedule A (nurses) now made sense.





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  • cooler
    07-07 01:43 PM
    Bump.

    I am in the same situation. Any insight from the original owner or others would be appreciated





    sai
    03-25 11:43 AM
    How can a attorney help in getting H1 stamped at a Canadian US consulate ?





    MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.



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