Wednesday, June 29, 2011

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  • xgoogle
    06-25 07:59 AM
    So we can apply for an EAD and AP renewal when the time comes on our own?
    Also is AC-21 filing involved in this case?
    And would my current employer need to do anything or need to not do anything?

    Thanks,





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  • gc@waiting
    08-21 06:51 PM
    My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.

    Better check with an attorney, but I am sure you are just fine.

    Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.





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  • CADude
    04-07 11:08 PM
    If applicant applied AOS application then can get one year entension. I will come to know by may end. :)

    H1B extension beyond 6 yrs is possible under 2 circumstances:

    a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

    b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

    So CADude should get 1 yr extension is worst case.

    Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.





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  • dish
    09-21 04:14 PM
    It is important to note that Congress plans to hold a lame duck session beginning on November 13 which could include action on some immigration-related measure. As a result, we urge you to continue to make your voice heard and not let up until our immigration system has been fixed.


    http://www.numbersusa.com/hottopic/congress.html



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  • CADude
    10-30 03:00 PM
    Please contact CIS Ombudsman office with Scaned copy of Delivery Receipt(USPS/FedEx/UPS) @ cisombudsman.publicaffairs@dhs.gov

    Also signup for his Nov 2nd coference call.

    Last but not least, write to your congressman/senator/director NSC/Joint-Intake

    Thank you.





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  • myimmiv
    02-26 10:09 AM
    Any thoughts ?



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  • GCSOON-Ihope
    01-19 05:58 PM
    To say the least, this is a very strange way of saying that...they just mailed you your Approval Notice! This is just my understanding.
    Anyway, you should get something in the mail very soon: let us now what it is!





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  • a_yaja
    06-26 03:10 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?
    You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:



    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended�
    16
    17 (1) by striking the parenthetical phrase �(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking �under section 101(a)(15)" and inserting in its
    24 place �under the immigration laws.".



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  • FinalGC
    10-21 08:46 AM
    Yes, your company can do that, however this can only be done for a period of 1 year.

    This is what most of the consulting firms do...if you see most of their projects are never more than 1 year. This is a way to save taxes for employees and employer.

    However, after 1 year you cannot claim any expenses. if the company allows it, then they will be in trouble and not you. Otherwise, find another project at least 50 miles away from your current location.

    So what your company is doing is legal....





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  • njdude26
    07-03 06:56 PM
    What are the advantages and disadvantages of a TN-Visa ?

    Other than having to get 1 year visa by visiting the border every 1 year what is the difference b/n this and a GC ?



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  • imh1b
    05-19 09:40 AM
    Canadian Immigration is easy. You can do it yourself.





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  • number30
    04-16 11:44 AM
    My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.

    Couple of things you can try.

    1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.

    2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.

    Other option is Try to get from University. They will have the copy for the sure.



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  • perm2gc
    04-27 02:25 PM
    Hi Gurus
    I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
    other options left for me?

    Applied for H-1 extenstion Feb'5 2009
    RFE Date - Mar' 12 2009
    Denial Date - Apr'24 2009

    I797 Expiry - March'31 2009
    how was the query replied ?





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  • legal_la
    07-17 04:59 PM
    Guys,

    August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw


    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D


    finally it is official. No mention of additional time (couple of weeks in august) to file 485, so i guess we have until end of this month...



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  • Coppertop
    10-18 03:13 PM
    Unless I am mistaken, the battle is over! (and if it isn't, it should be)

    congradulations to Phat7 for winning the "best edited picture"!





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  • freeskier89
    02-05 05:19 PM
    My vote goes to lightgrid! ... oh wait, its not up there. :(



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  • fall1998
    05-16 10:12 AM
    So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).

    I am getting a feeling that USCIS is really clearing out the backlog this time.





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  • mpadapa
    03-14 10:18 AM
    Please don't dilute the admin fix effort by starting another letter campaign.

    IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.





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  • pa_arora
    04-19 07:08 PM
    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





    delhirocks
    06-21 06:09 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    nice..





    theMan
    05-25 12:57 PM
    No offense, my friend. I think you are in the wrong forum.
    Anyhow, to give answer your question, in Houston, it took about 6 weeks. You can go there in person, get an appointment and you could cut down your processing time in half.
    All this is based on the fact that it is a straightforward case.



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