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  • abqguy
    03-15 06:04 PM
    I had contacted all the senators and house reps in New Mexico via their website and heard back from Senator Jeff Bingaman.

    Please see his reply:

    Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.

    Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.

    Sincerely,

    JEFF BINGAMAN
    United States Senator




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  • jsb
    06-18 02:38 PM
    Hello Everyone,

    Here is my situation:

    1) My 6 years H1B with Company-A ends Sept 2011
    2) I-140 approved and my priority date is Aug 2006.
    3) Company-B(end client) offered a full-time position starting Jan 2010.

    What are my options? My questions are:
    1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
    2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
    3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?

    I am really confused. Please help.

    (1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
    (2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
    (3) Priority date will be ported from your original application with company A




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  • rameshraju11
    10-30 01:13 AM
    This GDP growth because of the gov simulation: cash for cars, first time home buyer credit etc. we should not expect any steady recovery till 2011. I do not think employment creation will be happened on 2010.




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  • krishgaay
    07-28 11:08 PM
    Hi,

    I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.

    My questions are as follows:
    1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.

    2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.

    3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.

    4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.

    Any advice on her options is appreciated.

    Thanks,
    Krishna



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  • AnishD
    04-02 10:47 PM
    I dont think so since someone is doing premium processing, the chances of getting RFE are more. Rather i read in other posts that we should go for Premium processing as it is faster and we come to know the result of the case quickly rather that awaiting for weeks/months.




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  • pappu
    08-06 03:01 PM
    Yes there are limits to salary. I will try to post more details on it when time permits and as I myself find details from my own research.

    Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
    This is a gray area and tough to get a correct advice easily.
    This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.

    I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.

    and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
    will post more on this thread as I find more info



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  • RNGC
    02-09 05:23 PM
    Hello NC-ians,

    I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?


    Please share your experience.

    Thanks,




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  • Bolt
    04-23 12:33 PM
    1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
    validity till AUG 2010
    2)Transferred VISA to Comp B by applying with in 15-20 days after
    landing into USA and got approved till Feb 2011.
    3)after working for 10months in Comp B applied for transfer to Comp C
    4)after getting receipt started working with Comp C
    5)on Jan 21,2009 acc to USCIS site RFE was issued
    6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?


    Q1) Am I still legal to stay,if so till how many days or am I
    already out of status?
    q2)can I still rejoin the previous employee i.e.Comp B
    q3)can Comp C able to reapply for H1B if So after how much time can it
    reapply for me?

    Please help

    Thx

    Hi,
    until you have an I-94 u can go for an h1b transfer to another company. my suggestion is to with a premium prcessing and u will get an approval.
    i was in a situation that my previous h1b was valid until aug 18th 2008 and i went for a transfer to another company on march 24th 2008. it was pending with USCIS until march 10th 2009 and got denied. my i-94 was valid till aug 18th 2008. on march 30th 2009 i wwent for another h1b transfer thru premium processing and it got approved on apr 21st 2009. now am waitng on the i-797 wondering whether they have approved as a extension with i-94 or else consular processing.



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  • msp1976
    03-08 03:22 PM
    For all RIR cases, they have gone through March 28, 2005 at least one iterations...They also have been approving cases randomly...
    For TR it is still not clear.....They have started posting the jobs in america's job bank...

    So it could be anything now...There is no set pattern at present...

    There is speculation on immigrationportal that all 2001/02 cases would get through in March april ....

    For more info use these trackers..if you donot know about them already...

    http://boards.immigrationportal.com/showthread.php?t=161571&page=316



    Please note that even if you get certified, without immigration reform you would be stuck in another queue...

    Please contribute money to IV so that IV can pursue you interests.....




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  • sodh
    07-27 12:23 AM
    If he could fix everything we would'nt be in trouble.
    By the way his name is Prakash , if it registers in someones head.



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  • leoindiano
    07-15 11:27 AM
    I have nov 2004 PD. I have the same problem. USCIS received my app on aug 3rd. But notice date is oct 11. From , i see that these dates doesnt matter as long as your PD is current. So, i didnt bother to contact USCIS.




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  • tinamatthew
    07-22 07:26 PM
    My attorney has asked for the I-485 to be printed:

    double sided with Flip to Top option.

    Did anyone else do the same?

    Quite a few lawyers request this.



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  • alisa
    05-04 12:45 AM
    The other day, three guys, a Pakistani, an Indian, and a Czech, and one Serb girl (originally from the beautiful city of Belgrade) met the staff of their American lawmakers, to tell them about the problems faced by the EB-immigrant community due to backlogs and insanely low visa numbers for EB-greencards.
    You can't get more American than this.

    My experience with the meetings with the lawmakers' staff has been very positive. I approached it with nervousness; however, the staff has ALWAYS been extremely polite, sincere and encouraging. They listen to us, and engage in meaningful discussions and question answer sessions with us. Quite often, we are told that this was the first time that our point of view was being told to them. We ask them what advice they have for us. And they all ALWAYS tell us to (a) talk to other lawmakers and (b) call them frequently, as they provide daily totals and tallys on pro-vs-anti calls on different issues to their bosses.

    So folks. We still have time. We have a few weeks. Please (a) join together and form state chapters, (b) educate yourself, (c) call the lawmakers offices (d) meet the lawmakers and (e) do all this within the next few days.

    Too often we take a fatalistic approach towards issues. Other times, nervousness and fear renders us incapacitated. Be proud of the fact that we are a diverse group of high-skilled immigrants. We are educated professionals. We are doctors, engineers, scientists, and other professionals.

    It is our duty, as intelligent and educated professionals, to tell the lawmakers that we are facing problems, and to request them to fix those problems, since they have the power to do so.




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  • insbaby
    03-31 05:36 PM
    I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.

    I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?

    Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?

    Here is my RFE
    ==========
    The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.

    ....

    Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.

    You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.



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  • gparr
    May 19th, 2004, 01:54 PM
    Agreed, but look at last week's two leading finalist shots. Basically a couple of good family snapshots: the kid getting wet and a guy with a hose. Confuses me as to what's considered good "competition" photography.
    Gary




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  • zCool
    04-02 02:47 PM
    Either that or get another AP.



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  • ameryki
    03-23 08:48 PM
    Hi,

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,
    Thanks,
    Vlad


    If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.




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  • pady
    01-08 02:56 PM
    No, It is now ROW, I am from India EB2. But as I said, they didn't make any decision. They still want to review the file and will get back to me in 120 days.




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  • waitforgc2009
    09-15 06:01 PM
    I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:

    labor PD : 03/2005 (EB3)
    labor PD : 12/2006 (EB2),
    I-140 approved (EB2)
    I-485 Applied : 07/2007 with approved EB2 I-140

    Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.

    Thanks a lot!




    pod1
    06-16 04:48 PM
    Hello Everyone,

    Here is my situation:

    1) My 6 years H1B with Company-A ends Sept 2011
    2) I-140 approved and my priority date is Aug 2006.
    3) Company-B(end client) offered a full-time position starting Jan 2010.

    What are my options? My questions are:
    1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
    2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
    3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?

    I am really confused. Please help.




    maya79
    08-26 09:48 AM
    Thanks for your reply. By B1 Visa, I meant that I will go to client side and understand the project and meanwhile my employer will file my H1 Transfer. and on B1 I wont get paid.

    I have seen the giuys who come on B1 from their Indian Offices for 1-2 month period.

    Suggestions are really appreciated since client is not agreeing to extend the joining date and that the only criticality I have in my situation.

    Any Experience is highly appreciated.

    Thanks



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