Tuesday, June 28, 2011

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  • kaisersose
    07-28 09:52 AM
    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?


    It depends on the type of H-1 approval you have.

    1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.

    2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.





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  • ImmiRam
    09-13 02:31 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?





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  • loudobbs
    07-17 05:39 PM
    You seriously think anyone is going to answer given your user name?!

    I was trying to be sarcastic....:D :D :D :D





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  • niklshah
    08-25 11:02 PM
    Hi all!

    I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.

    I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.

    Regards and Peace!

    I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.

    anyways

    good luck for your meeting.



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  • centaur
    02-23 09:42 AM
    There are 2 types of J-1. One is for researchers with no clinical training (practice of medicine), this does not require 2 yrs HRR. The other J-1 is for training in clinical medicien and requires HRR.

    Paskal,
    You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.

    A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).

    Could you please throw some light on the following:
    - Inspite of the visa officer's determination, is she still "a marked man"?
    - If you are subject to the 2 Yr. HRR, is mentioned on your visa?

    By the way, her research:
    - Is not funded by any govt. agency
    - Has nothing to do with medicine

    I will really appreciate your thoughts.

    Thanks.





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  • desi485
    12-02 07:46 PM
    Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).

    This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.

    We are working on 2nd phase of our campaign.

    pd_recapturing, this is encouraging indeed. People should not fear using EAD, specifically in this economy EAD gives you much better chance to survive than an H1B.

    Regarding campaign, please share some updates, news with IV community.



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  • waitingnwaiting
    11-16 12:20 PM
    Report indicates that Sen. Robert Menendez (D-N.J.), Rep. Nydia Velasquez (D-N.Y.) and Rep. Luis Gutierrez (D-Ill.) will meet with President Barack Obama this afternoon to talk about the chances of getting comprehensive immigration reform or the DREAM Act passed in the lame duck session, signaling the Democrats, Hispanics, and Obama turning their posture in CIR or DREAM from "defensive" to "offensive" strategy, by going forward with the all-court pressing DREAM or CIR during the Lame Duck session. For this apparent strategy, time is indeed short and running out. There was also report that the House Speaker Nancy Pelosi (D-Calif.) could bring the DREAM Act to the floor as early as this week. This strategy will push and corner Republicans to the "defensive" position in connection with the 2012 Presidential and another national election. For this matter, the Democrats have nothing to lose by pushing for DREAM or CIR during this Lame Duck session while they are in a majority position. Failure to pass the DREAM Act during the Lame Duck session will be placed on the Republicans, which are likely to bring about some Republican casualties and political liabilities in 2012 election. From the perspecitives of the DREAM activists, this is indeed considered a last chance and they are taking an aggressive position to take advantage of such political strategy of the Democrats. Let's watch how this political drama will unfold during the next one month or so. ww.immigration-law.com





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  • Blog Feeds
    10-04 11:10 PM
    VIA The New York Times

    "Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.

    �We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."


    Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)



    More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)



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  • a_yaja
    07-24 01:47 PM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
    There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".





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  • Dhundhun
    06-07 06:04 PM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.


    :confused:
    Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)

    Part 2. Petition type.
    a. An alien of extraordinary ability.
    b. An outstanding professor or researcher.
    c. A multinational executive or manager.
    d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
    e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
    f. (Reserved.)
    g. Any other worker (requiring less than two years of training or experience).
    h. Soviet Scientist
    i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).

    Phase two: Endorsement by USCIS Officer based on evaluation of I140

    Classification:
    203(b)(1)(A) Alien of Extraordinary Ability
    203(b)(1)(B) Outstanding Professor or Researcher
    203(b)(1)(C) Multi-National Executive or Manager
    203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
    203(b)(3)(A)(i) Skilled Worker
    203(b)(3)(A)(ii) Professional
    203(b)(3)(A)(iii) Other Worker

    Certification:
    National Interest Waiver (NIW)
    Schedule A, Group I
    Schedule A, Group II



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  • mmk123
    04-16 07:32 PM
    My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.

    They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.

    What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.

    Appreciate your help,
    thanks!





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  • mariusp
    07-31 04:26 PM
    Don't worry, that's what they do down here. I renewed twice and that was the deal every time. You'll get your DL in 30 days in the mail.



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  • tigerk
    10-02 01:52 PM
    You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.

    Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks





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  • daily jobs
    02-11 06:07 AM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.:eek:



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  • immi_enthu
    08-06 12:22 PM
    12 calendar days. My I 140 was originally applied on 01/08/2007 upgraded to premium on 06/26/2007 there was a RFE ability to pay , reponse for RFE received on 07/26/2007. we called 18663155718 today, the IO officer said my case is approved today. online status still says it's pending.

    Unfortunately the premium service on I 140 is not reinstated yet. Note I upgraded before (07/01/2007)it was suspended . Sorry for the confusion





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  • validIV
    03-17 04:36 PM
    I don't remember immi status even coming up during mortgage appli!

    It comes up on the loan application when it asks if you are a US Citizen.



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  • sammyb
    01-07 03:49 PM
    We expect people to decide whether they would like to come forward with a sense for the community.

    So please come forward if you care. We are not expecting anyone to be a die hard IV volunteer, but to express your support and your commitment and your help in nay manner.

    IV is your/our organization and we must have a sense of oneness.

    We stand for unity, peace and strength. Lets all unite "wholeheartedly"

    let me check with my better half :) ... most probably will come ...





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  • Janisaris
    10-30 04:37 PM
    Please call
    1-800-375-5283 options 1-2-2-6-2-2-1.

    Dial the extensions in sequence with a gap of 2 seconds...

    Good Luck !!

    Did you receive them from NSC (LIN?) . Where did you get your I140 approved?





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  • leo2606
    09-26 09:12 PM
    Hey GC_SUCK,

    Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?


    Here are details

    PD: 04-08-02 - EB3-ROW
    Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
    I-140: Approved on 03/30/07
    FP:05/11/07
    EAD:Card Received in mail on 06/21/07
    AP:Notice Mailed on 06/21/07
    485 LUD (Last Update):
    03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
    I485:APPROVED - 09/18/07
    I485:Approval Notice Mailed - 09/21/07

    Card Received - 09/24/07





    needhelp!
    10-19 05:07 PM
    Thats exactly exact..

    Are you talking about the Diwali Mela event on November 10th?





    garybanz
    10-29 09:41 AM
    It took about 4 days. Mine was filed at CSC and transferred to Nebraska Service Center

    Thanks PermFiling.



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