Friday, June 10, 2011

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  • nk2006
    12-14 01:25 PM
    Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.

    That is my point. House majority leader listed the priorities and immigration is not there. If immigration is not taken up in early-mid '07 it will be difficult to bring it up later � it will be presidential primary season and all candidates will try to position themselves to garner maximum party �base� votes. CIR is controversial to say the least and politicians may skip it to avoid any controversy. Our best bet was SKIL bill; in the new congress it has to be re-introduced and discussed. May not be possible - especially if there is a proposal to bring back CIR. Currently our best bet may be some interim measures during Jan-Feb when appropriation are taken up again (BTW is this right? Does appropriations are extended only until Feb 15th there will be similar bills before that? Can immigration related aspects can be attached to one such if possible).




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  • suavesandeep
    01-13 11:13 PM
    If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.

    I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)




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  • wellwishergc
    04-05 08:01 AM
    Thank you for starting this thread.

    I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
    1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
    2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.

    I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.

    Any thoughts?

    All,
    I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
    freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.

    We should define ground rules for ourselves which will lead to efficient use of core members time:

    1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
    2) Keep one long thread without duplication.
    3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
    4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
    5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
    6) Never use derogatory remarks, even against proven distractors.
    7) Please put forward only genuine concerns clearly to avoid misunderstanding
    8) Ignore "whiners", But fully respect people with genuine concern/objection.
    9) Please put forward only thoughts relevent to scope of current forum/discussion..
    .. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
    10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
    by not only passionate for our cause , But also professional in our responses.

    Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.




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  • Karthikthiru
    10-11 12:40 PM
    You said Master's is the requirement. But When did you file your labor?


    Karthik



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  • roseball
    07-28 03:10 PM
    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna

    I e-filed my AP renewal on May 25th, mailed the supporting docs the next day. TSC approved my AP on June 19th and I received the AP in mail on June 21st.




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  • go_guy123
    04-17 08:23 PM
    True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).

    2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
    stake and getting power after more than 10 years they are more cautious.

    Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
    in 2008. As of now things are going in their war because of the mess in iraq
    resulting is massive independent voters more inclined towards DNC.

    DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
    wont make it at national level )



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  • karthiknv143
    02-27 11:09 AM
    CSPAN does not have it on their schedule yet.




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  • masaternyc
    01-13 07:34 PM
    I think USCIS should substitute permanent labor not the date to be fair, because substituting date makes an individual jump the line.



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  • RadioactveChimp
    04-17 01:22 PM
    there you go! I really like that one! :A+:




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  • felix31
    12-04 11:09 PM
    the scary thing with imm lawyers is that they can mismanage client's case for one reason or another, but the client is the one who gets penalized...

    I mean, what's the purpose in hiring a lawyer, if one is expected to know every single nuance of ever changing imm laws...



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  • sa.node
    02-15 09:01 PM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)




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  • bipin
    03-18 03:28 PM
    Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.

    Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.

    Later I can take on my ex-employer and it can take it's own time.

    This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.



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  • iam_amit
    04-22 06:31 PM
    Members,

    I have to file my H1b ext by sept 2009.

    my i140 is awaiting approval.
    what are chances of getting extension for next 3 years.

    I am working with American Consulating firm and working with same client from day 1 of my US presence. Will continue with same client after ext.

    does, I-140 Approval confirms H1b extension, then I can wait till Aug to file under premium process.

    looks like by June, I should have mu I140 case decision.


    kindly suggest.

    -




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  • gk_2000
    04-28 04:00 PM
    I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.

    +1

    Though I am older and married, I am considering the same



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  • glus
    05-13 11:26 AM
    Staying abroad constitutes "abandonment of U.S. residency." It is not related to "immigrant intent" at all. Worked for an Immigration Law office for long.




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  • eager_immi
    02-15 10:06 AM
    Please read comments carefully, the person has GC, spouse does not, he/she may have gotten married after GC. Yes spouse can get H1B with no problem.

    Thanks

    :confused:
    why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
    If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS



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  • n2b
    04-18 04:42 PM
    the main grey area for n2b is --



    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.



    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?




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  • cdeneo
    03-27 12:50 PM
    No real evidence but when I had looked into doing this for my parents this is what I found out -

    You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
    1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
    2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
    3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
    4. Any other valid reason with proof...

    I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.

    Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...

    Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.

    Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).

    Good luck with whatever you decide to do.

    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks




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  • gc_chahiye
    07-09 04:32 PM
    yea.. i did not read ur first post correctly..sorry

    well that note was a bit hidden. I have highlighted it almost Macaca-style now!




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    04-09 11:59 AM
    Just sent you a PM. Check it....




    gcdeena
    01-29 03:13 PM
    try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

    Posting this info. provided by some one in this forum long time back.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

    Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

    Some of the standard questions:
    1) Name check Status ?
    2) Background Check Status ?
    3) Has it been assigned to an officer ?
    4) When can I expect to get some updates on my case ?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?

    Ofcourse, we all are aware of the standard response we get.



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