Friday, July 1, 2011

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  • jliechty
    January 3rd, 2005, 08:20 PM
    That works, too. I like it. :)




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  • senk1s
    11-06 03:41 PM
    Here are the instructions for e-filing EAD -
    http://www.uscis.gov/files/article/Guide11.pdf

    this is for AP
    http://www.uscis.gov/files/article/Guide8.pdf

    refer to the section on supporting docs
    AP says required, EAD says not required




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  • rb_248
    06-14 03:48 PM
    As my attorney informed us of the dates being current - they are asking for this:

    Please advise on the status of removing the residency requirement
    since you can't proceed with until this is done.

    what does this mean?

    may be your attorney got confused you with another J1 client.




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  • elaiyam
    07-16 02:05 PM
    Does anyone know what the following status means for I-140:

    Current Status: Document mailed to applicant.

    On July 16, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    Is this GOOD or BAD?

    Does anyone have experiance with similar status change?



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  • arlysanb
    02-15 09:01 PM
    My application for an H1B change of status has been denied. I am an F-1 student from Colombia and I was offered a job from THe CDC at Atlanta. According with the USCIS report, the petition was denied because I am going to be hired for a staffing company and not directly for the CDC. It will be possible to appeal the desicion ? If yes, what will my sponsor company need to be succesful with this appealing ?




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  • sapking
    11-30 09:49 PM
    What was your attorney's response, for your question?



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  • snthampi
    03-15 06:10 PM
    Very few members are intrested in discussing H1B as most IV members are on EAD.

    Thats not true. There are equal number of people who have EAD and still keep their H1 for some reason.




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  • Blog Feeds
    10-15 06:30 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)



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  • chem2
    08-29 10:21 PM
    This law only applies to H1-B filing fees paid to USCIS. Your employer is still legally allowed to collect any attorney fees for filing your petition from you.




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  • nvanter
    08-15 06:33 AM
    Thanks andy,
    One more question?
    Can i get an extension in US or do have to go to canada for my extesion?



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  • Aah_GC
    07-08 10:12 PM
    Title and Job responsibilities dont matter as long as they are same or similar. Your GC Labor has been approved for the title 'Analyst Programmer', so its well worth an effort for you to carry that forward (in same or similar lines).




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  • Norristown
    03-01 09:39 AM
    I am also looking for form I-131.
    The current form expired on 02/282009, so they might be working on revision.



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  • dxldad
    05-18 11:48 AM
    My friend lost her green card while she was on vacation in China. She got a temporary green card to travel in a week or so which facilitated her entry into US and once she reached here, she just applied for another green card claiming the initial one as lost. There were no issues except the travel delay and the monetary loss.




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  • reapit
    03-22 04:54 AM
    Hi,

    Can i transfer my H1 while in India? I have a stamped visa valid till June 2011 and am planning to change my employer

    Thanks,
    Bikash



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  • gprx100
    03-31 09:14 PM
    My lawyer initiated the PERM process late last year, the timeline was such that the prevailing wage request was filed with State Workforce Agency (SWA) on 12-30-2009. The SWA prevailing wage determination was received back by my lawyer on the 1/11/10.

    Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:

    On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.

    From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.

    Is anyone in a similar situation or anyone has any advice?




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  • rpat1968
    09-24 10:46 AM
    That is depressing to know.
    Yesterday I have opened a SR using the Expedite Processing CSR Option by calling USCIS. Spoke to a good CSR who understood the mistake and opened a SR for correcting the EB classfication and expediting the case (sence USCIS Error is an option for Expediting cases). Lets see what happens with this.
    Also have a good contact now in Senators office, I already submitted a inquiry through their office and waiting for response.

    Hello,
    It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.



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  • frostrated
    02-09 10:27 AM
    if your LLC is sponsoring your GC petition, then it is not possible. Your EAD will have certain conditions for employment, usually in the same line of work as the Labor Cert. Unless of course if you are a dependant EAD, then there are no restrictions on your employment opportunities.




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  • Blog Feeds
    03-22 12:20 PM
    The House voted Sunday night on the Senate bill for health care reform, passing it 219 to 212. President Obama won a historic victory in the struggle for health care reform Sunday as the House of Representatives passed a sweeping bill overhauling the American medical system. What does this mean for Immigration? Big hope for the future, but a lot of work remains to be done.

    Tens of thousands of people turned out on Washington's National Mall on Sunday to support the Obama administration in its next big battle, a renewed effort to overhaul U.S. immigration laws.

    Speaking by video to the crowd, President Obama said he would do "everything in my power" to get a bipartisan deal within the year.

    "You know as well as I do that this won't be easy, and it won't happen overnight," Obama said. "But if we work together across ethnic, state and party lines, we can build a future worthy of our history as a nation of immigrants and a nation of laws."

    Though overshadowed by the historic debate on health care taking place in the nearby halls of Congress, Sunday's rally set the stage for a revival of efforts to reshape U.S. immigration law. The issue has been largely sidelined since a similar push by the Bush administration failed in 2007. We do hope that something will change very soon.

    Read the CNN article... (http://www.cnn.com/2010/POLITICS/03/21/immigration.rally/index.html?hpt=T2)




    More... (http://www.visalawyerblog.com/2010/03/immigration_reform_rally_draws.html)




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  • Queen Josephine
    May 6th, 2005, 09:16 AM
    ...and i see an emerging tarantula! So much for the Rorschak test! :)




    cygent
    11-19 10:20 PM
    In most of the job boards, we see the following employment types:

    1. Full Time (this I understand :))
    2. Contract - Corp 2 Corp ---> Headhunters
    3. Contract - Independent ---> Citizens
    4. Contract - W2 ---> EAD/GC
    5. Contract to Hire - Corp 2 Corp/W2/Independent ---> Likewise as above, only on contract 1st




    willIWill
    05-17 04:57 PM
    I would like to take a quick poll to find number of people who have filed their 485 when they were single and got married later.

    The idea is to get a rough number or percentage of people stuck in this boat in the IV community. This would help to start a proposal for a small fix (either admin or legislative) to be passed on to be included as an item in IV's agenda. Believe there are many families stuck in the EB2 of retrogressed countries and many more in all of Eb3 categories who can benefit from a such an initiative.

    Here are the options in the Poll:

    1. Married; I-485 Filed for everyone in the family at the same time.

    2. Married; I-485 filed separately for spouse/ dependent at a later date.

    3. Married; yet to file I-485 for spouse/ dependent.

    4. Single; yet to get married but filed for 485.



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