Saturday, June 11, 2011

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  • arihant
    05-25 07:34 PM
    There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out

    We will have to do a post-final-bill-with-amendments analysis.

    Please hold on till that becomes available.

    Thanks,
    Berkeleybee

    It was in Cornyn ammendment.




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  • H1Girl
    04-09 12:59 AM
    Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...




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  • sandy_anand
    03-08 02:23 PM
    Congratulations! Please continue to donate to IV.




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  • HRPRO
    02-10 09:31 AM
    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?

    Krish,

    it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

    HRPRO



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  • go_guy123
    03-04 10:06 AM
    We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?

    USCIS never talked about "proposal for 485 adjudication during retrogression"
    People were writing their fantasies on this newsgroup




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  • Robert Kumar
    03-21 05:59 AM
    Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!

    I heard sometimes visa is not issued immediately due to admin processing or whatsoever.
    In such cases, will they return the passport atleast so that one can travel to India till things get resolved.
    And how do they let us know when to come back when things get ready.
    Hyd consulate is asking so many many documents.



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  • Libra
    11-28 01:59 PM
    bumping....MN members please join the state chapter and contribute in whatever way you can.




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  • smisachu
    11-29 10:05 PM
    Consult a lawer. But you better tell the truth. The system is such that they can dig in all records.



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  • [uber]
    04-08 02:13 PM
    interesting




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  • bluekayal
    10-22 08:29 PM
    call again using POJ method. But don't lose sleep.



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  • kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    ===

    ...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 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.

    ===




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  • GCHope2011
    09-07 04:33 AM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.



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  • vsrinir
    09-15 12:47 PM
    I support this Idea. Let us see how it works.

    I will Join in chat

    Thanks




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  • GCWhru
    03-26 02:10 PM
    Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..

    My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.

    But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.



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  • thomachan72
    09-14 06:30 AM
    You cannot work with an expired EAD. End of the story.

    But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.

    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?




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  • sdrblr
    08-22 04:31 PM
    I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.



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  • quiquincho
    05-20 05:47 PM
    well said I agree, I gonna go to tijuana and burn my passport and come back illiegally walking and starting working in some car wash .

    Here's a few phrases in Spanish you will need to learn:
    Hola (Hi)
    Soy de Mexico (I am Mexican)
    Donde esta la biblioteca, Pedro? (Where is the library, Peter?)

    Buena suerte! (Good luck!) :)

    -LegalHispanicImmigrantAgainstIllegalImmigration




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  • eb3retro
    07-11 05:16 PM
    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.


    hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..




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  • anilsal
    02-10 10:22 PM
    http://news.bbc.co.uk/2/hi/health/6944747.stm?lss

    Wonder if checking USCIS status for LUD can be equally stressful. :(




    skumar9
    10-02 10:26 AM
    Can you please give me ur contact details atleast ur maild id, as im also planning to go Nogales for stamping... and i need your help...




    dingudi
    03-05 01:57 PM
    Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed

    If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.



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