Wednesday, June 29, 2011

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  • frostrated
    08-05 03:07 PM
    Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status


    Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
    Though that is rarely enforced, it is good to keep in mind.
    You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.




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  • GCwaitforever
    04-06 05:34 PM
    'Masala Dosa' and I met with staff of Senators Mel Martinez and Bill Nelson. The meetings went very well. We had the opportunity to see the compromise announcement on the floor while we were in the office of Senator Martinez. That was a good deal.

    We talked about IV, our individual cases, the need for reform and possible amendments the Senators could raise - like parity with agricultural workers (ability to self-sponser greencard), I-485 application even when priority not current, backlog elimination center update and the need to push it through, support for existing immigration reform bill, explained why the hard country limit is bad for Indians, Chinese and Philippinos and urged them to talk about keeping the limit at 10% and yet allowing unused numbers to flow to India and China.

    One observation we had was that the staff had no clue what is the difference between H-1B and Greencard processing. So we spent some time educating them about how the quotas are formed, the caps etc ...

    We have them all the material mentioned in the IV site for reading. Hopefully the feedback trickles down to the Senators and we get to have some of our amendments. The best part of it whether these amendments come or not is that we made an attempt to explain our problems to Senators.

    Overall, it was a fruitful trip, and a well spent day. I will continue to follow up with the Senators office and keep in touch with the staff. 'Masala Dosa' will follow up with staff at his place.

    We need to move on to the next step and target who would be on the committee for reconciling House and Senate versions. I am looking forward to folks who are knowledgeable in this matter to come forward and give the info.
    Let us make this bill through this time and get our greencards. :D




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  • Blog Feeds
    03-26 08:40 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:

    U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.

    The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.

    Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.

    "The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."

    But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.

    About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.

    In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.

    That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.





    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/another-judge-rules-farmers-branch-rental-ban-is-unconstitutional.php)




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  • vactorboy29
    11-30 02:04 PM
    I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.

    I am also in same boat.Applied on 15 oct ,so far no receipt.



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  • thehulkdeals
    04-11 09:49 PM
    Hi all, I need help in explaining my situation if someone can help me . Here is my info that I know
    EB3 ROW
    PD : April 6, 2006 (PERM)
    July Filer.
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    I want to understand the process so I can know the meaning of the Visa bulletin based on my situation.
    I am guessing that right now I will have to wait for my i140 to be approved first before I can talk about i485. I checked the processing time for i140 at TSC and it is August 15, 2007. Any crazy estimate when I should get the approval?

    Once my i140 is approved then I can look and match my PD with the visa bulletin EB3 ROW for adjustment of status.

    I know there would be some more steps than these above. But are these statement above correct/incorrect?

    Thank you very much




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  • coolgc
    05-14 01:05 PM
    As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -

    http://www.ilw.com/articles/2006,0119-eiss.shtm

    Thank you very much for the information and also for the very useful link.



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  • gregspirited
    08-19 09:17 PM
    I thought labor cert is tied to a specific position and once I change my profile completely (say from software engineer to product management) I need to re-apply PERM eventhough I work for the same company.

    Any thoughts?




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  • martinvisalaw
    07-13 03:09 PM
    It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.



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  • trnandakumar
    11-03 07:10 PM
    I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.

    How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.

    I got FP notice for my EAD one month after I got my EAD in hand.




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  • snathan
    08-19 02:02 PM
    Hi Gurus,

    I am in company A on H1B and doing H1B transfer to Company B.

    Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.

    if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009

    Get the receipt notice and join them.



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  • same_old_guy
    07-09 07:42 PM
    Both
    http://www.aila.org/
    and
    http://www.murthy.com/

    confirm that AILF needs more Plaintiffs !




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  • bombay707
    11-16 08:10 AM
    Folks,

    Is there a time limit to transfer a H1-B visa ? If the previous company revokes the H1-B visa how long do we have or is the H1-B canceled at that point ? Please let me know at your earliest.

    -Mehmood



    I think it is 2 weeks. Also confirm the same with the lawyer.



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  • sameer2730
    10-13 01:41 PM
    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
    shows different dates for EB3 India.
    May be typo ????

    They copy china dates. They did the same thing last time. I think their program needs a fix. They will change it manually eventually. But in the meantime if you want to rejoice in hope feel free. I did that last month. I knew I was kidding myself but then thought, why not indulge myself.
    Three years back I dreamt my labor got cleared. Labor mind you not GC.Even in my dreams I don't see that. I was delighted. I was aware I was dreaming(One of those lucid dreams) but I let it continue. It felt good for a while. This is the same thing. Have fun




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  • GC444
    08-11 10:24 PM
    all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
    My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:

    I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!



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  • knowDOL
    05-22 05:12 PM
    1. YES
    2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
    3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
    It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.

    This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.




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  • baburob2
    04-29 01:05 PM
    Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
    Some of the factors to consider before refiling:
    1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
    2)Alien requiring a seventh-year extension:
    It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
    3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
    If the above economic factors seem to cause any issues dont refile.

    This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.



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  • LONGGCQUE
    02-04 10:03 AM
    It was something like this -

    - Did anyone assist u in prep this app ? If yes then,
    - Pareparer Surname
    - Preparer given name
    - Organization name
    - St address
    - City
    - State
    - Zip
    - Country
    - Relationship to you




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  • tosca_travels
    09-27 02:17 PM
    I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.

    I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.

    Many thanks!




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  • msadiqali
    01-07 08:22 PM
    Any help guys?




    adusumilli
    09-18 10:51 AM
    just a first look

    i will update as soon a i get more videos

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    Thanks
    Gopi




    nashorn
    12-15 12:50 PM
    You need to make it more clear to get help.

    You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.

    You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.



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