Friday, June 17, 2011

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  • 90210
    05-11 01:54 PM
    Hello 90210,

    If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

    I talked to Murthy about this couple of months ago.


    Are you sure? There is a lot of confusion.

    And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?

    Can some Guru please make this clear?




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  • hmehta
    08-04 03:40 PM
    Well, there are some clauses under which if you take out from 401K, you won't be penalized.




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  • FinalGC
    04-01 11:16 AM
    You are technically getting into the EAD track and not H1 track. There will not be any issues during adjudication, however make sure the new W2 work using EAD is similar to your job profile defined in the LC.

    The only problem that may come(worst case scenario) is that if ever there is a mess up by USCIS on your case or your records are incorrect or if your case is rejected.....then you could become illegal, since u r on EAD. However, being in H1 and working for the desi consulting company...would be the safest bet, until you cross the GC bridge




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  • paskal
    12-26 01:27 AM
    so that it's seen in the morning :)

    /\/\/\/\/\/\/\/\



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  • ChainReaction
    04-18 09:09 AM
    I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(




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  • iman.karta
    11-07 11:30 AM
    Letstalklc,

    Thanks! Good luck with yours too.
    No, my application is not filed by Fragoman.

    Apparently, there are some fellow in my law firms, who got audited before September 2007 (mine is November 2007), and they havent been approved. So apparently, it is more random than FIFO.

    It really sucks.



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  • gcfriend65
    04-27 03:58 PM
    Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.

    A new Senate Bill has been introduced.

    U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.

    So, on the Illegal side we have:

    Senate Bill: Hagel with The Immigrant Accountability Act of 2007
    House Bill: Flake with the STRIVE

    On the Legal and High-Tech side we have:

    Senate Bill: Cornyn with SKIL Bill
    House Bill: Shadegg with SKIL Bill

    Senate Discussion: Last two weeks of May 2007.

    Let the engines start.




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  • snathan
    08-18 05:32 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.

    Exactly.....You nailed it correctly.



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  • WAIT_FOR_EVER_GC
    06-24 03:19 PM
    Rupert Murdoch, Mayor Bloomberg Lobby For Immigration Reform, Path To 'Legal Status' For Illegal Immigrants (http://www.huffingtonpost.com/2010/06/24/rupert-murdoch-mayor-bloo_n_623805.html)

    Excellent.

    Let them lobby.
    Agriculture sector and Tech firms, Construction, Latinos have been lobbying for years now but nothing happened.
    Immigration will be taken up during the next year. The Top Agenda is energy bill for this year. No Matter who lobbyies nothing gonna matter.
    Next year if Reps gain majority in the Senate then It will be tough battle.
    Amnesty will not come easy.
    If the fight between reps and dems become too intense. No CIR next year either.
    Adjobs,dream act,some EB relief, tough border, Fine employers may pass piece meal
    which will calm down most of the Immigration lobbyist next year.

    If God forbid the market does not pickup next year, jobs, housings, finance .. CIR will be nearly impossible.

    Bernanke
    http://www.usatoday.com/money/economy/2010-06-08-bernanke_N.htm
    http://www.reuters.com/article/idUSTRE6523SN20100609




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  • sobers
    03-01 06:19 PM
    Look at what NumbersUSA has got to say about the effectiveness of its mass faxing/emailing strategy...

    -------------------------


    From: Roy Beck, President, NumbersUSA
    Date: Wednesday 1MAR06 5:30 p.m. EST


    Day 3-----Media confirm your calls/faxes making a difference in fighting Specter's amnesty


    YOUR CONTINUED PHONE CALLS AND FAXES ARE BRINGING PAIN TO SENATORS WHO WANTED TO PASS AN AMNESTY

    NEWS ITEM
    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."

    The power of what you are doing has been confirmed in a big story in The Hill newspaper. This daily publication is the community newspaper for the tens of thousands of people who work in congressional offices on Capitol Hill.

    It claims that the power of your phoning and faxing may be countering the power of the Chamber of Commerce, religious lobbies, ethnic lobbies, ACLU and cheap-labor corporations combined.

    With the Senate Judiciary Committee prepared to start tomorrow (Thursday) voting on amendments to the giant amnesty bill of its chairman, Sen. Specter, the newspaper stated that the open borders positions are supported by one of the largest and most powerful blocs of groups ever assembled.

    But the newspaper reported that you all may be more influential:

    "A handful of single-issue groups opposing
    the guest-worker program have effectively
    put the other side on the defensive since
    President Bush first announced his intentions
    to push comprehensive immigration reform, as
    evidenced by the administration's backtracking
    since Bush first proposed such a program in
    January 2004.

    "One of those groups, Numbers USA, has 135,000
    registered activists throughout the country and
    an e-mail list in excess of 1 million subscribers,
    all of whom have signed up voluntarily, said
    Caroline Espinosa, a spokeswoman for the group.
    A link on the Numbers USA website also allows browsers
    to fax a personal note to members of Congress in
    support of increased enforcement of illegal immigration."

    None of this changes the fact that most Senators want to have 2 million to 3 million foreign workers and their families being added to our laborforce and communities each year.

    But we are getting reports from the Hill and from many of you that many of them are starting to show some signs of concern about how their open-borders voting may affect their standing back home.

    We don't like being called "anti-immigration," but we like what the reporter said he found in talking to people in the Senate:

    "The anti-immigration crowd has political momentum
    at this stage in the fight, with congressional
    Republicans wary to cast any vote that could turn
    off their conservative base during this critical
    election year, but members will also have a hard
    time ignoring such a broad cross-section of business,
    labor and social groups with their own self-interested
    constituents."

    Now, if we could just get more Democratic Senators to start worrying about their base.

    Well, we got a little sign of hope on that front today. The AFL-CIO -- which is selling out its tradition and its American members by pushing an amnesty -- has come out against Specter's and McCain's amnesty bills because they have gigantic foreign guestworker programs. That gives hope that some Democratic Senators would vote against these bills. And it is doubtful that the Republican open-border Senators would vote for an amnesty that didn't include the guestworker provisions so sought by the Chamber of Commerce.

    PLEASE CHECK YOUR ACTION BUFFET AND KEEP MAKING YOUR PHONE CALLS AND SENDING YOUR FAXES

    What you have been doing is working. You have kept phones and fax machines ringing since first-thing Monday morning through this minute. Do not let up.

    Click here for actions to take.
    www.NumbersUSA.com/actionbuffet

    WATCH FOR BY-THE-MINUTE ALERTS ON THURSDAY AS WE ASK YOU TO REACT TO SENATORS IMMEDIATELY AFTER THEY TAKE BAD ACTIONS IN COMMITTEE

    Our seven-person Capitol Hill Team of professionals will be in the Committee Room and other key Capitol Hill locations all day assisting our six-person Website Team to provide you with updates and help in where your activism can do the most good.

    The reason you NumbersUSA activists are seen as the primary constituency pressure force on the Hill in pushing sensible immigration policies is because of the work that I know most of you will do tomorrow.
    GET ALL THE INFORMATION YOU NEED ABOUT THE SPECTER BILL AND THE ACTION IN THE SENATE

    Just go to our Hot Topics page, which has links for detailed analysis of the bill.

    http://numbersusa.com/hottopic/specterproposal.html

    Thanks for all you can do. And thanks for all the reports that you have been sending back to us on what you hear when you call. Our Capitol Team makes good use of your reports.

    DON'T LET UP,

    -- ROY

    If you have time, you might enjoy reading some more of The Hill article:

    "Numbers USA also does objective and subjective
    summaries of each bill introduced on the issue
    and notifies subscribers in advance of any
    important actions on Capitol Hill, such as this
    week's markup. As such, the group was expected to
    send an alert asking those supporters living in
    states represented by members of the Senate
    Judiciary Committee to call or fax their members
    in anticipation of that markup.

    "Battling with groups like Numbers USA is an
    uncommon experience for many members of the business
    community because they do not regularly work on
    such socially sensitive topics.

    "We don't usually end up on the other side of single-issue groups," Gay said. "That's unusual for us."

    * * * * *

    "The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.

    "But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.

    "With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.

    "A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.).

    "he fact that the Chamber of Commerce needs comprehensive immigration reform is very good," said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.

    "Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.

    "It's nice actually to get to work with these guys," said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.

    "Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.

    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."


    This may be a good time for you to make sure that you've let us know all of the areas you are interested in. In order to further customize the type of alerts you receive click here http://www.numbersusa.com/survey?action=longlist

    As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user

    NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.



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  • akilaakka
    07-13 01:54 PM
    Check law and Nirenr Joshi,

    Mine was paper filed by Attorney.

    Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.

    However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.

    Thanks
    senthil




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  • knowDOL
    05-19 10:26 AM
    One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.



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  • BECsufferer
    09-03 10:55 AM
    Congrats to 12/2004 PD holders.

    Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:

    Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.

    Guys ... kismet changes!




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  • bluez25
    07-26 02:45 PM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?


    Please give me some directions.



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  • priderock
    05-15 10:35 AM
    Wonder how many core group members benefited with this forward movement !!




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  • peer123
    04-09 08:59 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help



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  • anurakt
    01-08 09:21 AM
    I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.

    This was for my H1 and my Spouse's H4 visa.

    Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?




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  • waitin_toolong
    07-29 05:04 AM
    how is the baby supposed to sponsor the parents ??




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  • smahwal
    08-26 12:09 PM
    I have been noticing soft LUDs on my EAD and 485. The EAD was issued about 2 months ago and I have had 2 soft luds on that and on the 485 in the last week.

    Any ideas on what that means?




    permfiling
    01-18 10:47 AM
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees

    I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc




    onemorecame
    07-25 11:45 AM
    Here is the calculation I came up with USCIS processing of our I-485 applications.
    USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
    Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
    So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
    So, 584/50 = 12(Approx) applications they need to process in a day, per person.
    So, do you think it is viable? Of course, it is�
    What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:

    Good Calculation



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