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  • radhagd
    03-09 04:21 PM
    Your EB3 application is still safe. You can use your current EAD.




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  • amulchandra
    02-22 06:35 PM
    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.

    Do not want to spread the panic but ....Be careful..

    - good luck
    kris

    Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?

    To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).


    Please stop spreading rumors.


    Thank you
    amulchandra




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  • admin
    04-12 04:43 PM
    To Submit Comments on the Regulation

    The DOL allows people to submit comments, identified by Regulatory Information Number (RIN) 1205-AB42, by any of the following methods:

    * Federal eRulemaking Portal : Follow the WebSite instructions for submitting comments.

    eMail : Comments may be submitted by eMail to (fraud.comments@dol.gov). Include "RIN 1205-AB42" in the subject line of the message.

    Mail : Submit written comments to:
    Assistant Secretary, Employment and Training Administration
    U.S. Department of Labor
    200 Constitution Avenue, NW
    Room C-4312
    Washington, DC 20210
    Attention: John R. Beverly, Interim Chief, Division of Foreign Labor Certification

    (Note : Because of security measures, mail directed to Washington, DC is sometimes delayed.)

    The DOL will consider only those comments postmarked by the U.S. Postal Service or with proof of delivery from a service such as UPS or Federal Express on or before the deadline for comments.

    Instructions : All submissions received must include the RIN 1205-AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail or eMail, will not be acknowledged. Because DOL continues to experience occasional delays in receiving postal mail in the Washington D.C. area, DOL recommends that those wishing to submit their comments do so via eMail.




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  • eb3retro
    04-15 08:40 AM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises

    i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.



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  • Dhundhun
    10-13 11:59 AM
    :confused:

    Dear gurus,

    I have one fundamental question.
    why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
    This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
    I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????

    Sincerely...

    Almost everyone knows USCIS rule that EAD can be applied 120 days in advance before previous EAD expires and normal processing time for EAD is 90 days.

    With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.

    You are one of the few people who did not apply EAD in time and trying to draw attention.




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  • veni001
    02-03 07:32 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.

    CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:



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  • raju123
    05-16 12:53 PM
    ^^^^^ Bumping up




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    02-02 12:26 PM
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  • makemygc
    09-19 07:21 PM
    Hi Joozz,
    I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
    Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.

    Hope this helps,
    MakeMyGC
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.




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  • mbawa2574
    06-11 05:43 PM
    Why Indians bash Bush ? He has always respected our community and helped us through. He has even fought with his fellow conservatives like Tancredo on this issue,Stop supporting the democrats and strart thinking like Indians. Make sure you understand that Democratic party does not give a damn on Iraq was attacked and people are getting killed. They need their own vote bank from dumb public in this country. Don;t get used in hands of democrats. They have used us from last thirty years. If someone thinks that Bush is an idiot, he is a super idiot. Bush is a straight forward guy and 90% Americans hate him because he speaks truth. Now you have to decide that Bush is good for immigrants or those scum bag democrats.



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  • vedicman
    11-30 09:00 AM
    The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)

    It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.

    �It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.

    Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.

    �Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�

    Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.

    Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�

    Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.

    Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.

    The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�

    The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�

    Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.

    Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�




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  • Green_Always
    06-12 06:04 PM
    Paaji msingh, Try contacting Manmohan Singh.

    Right Solution :-)

    msingh.. life is tough for GC Holders also here, without Job / work life is hell over here.



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  • tonyHK12
    01-07 09:17 PM
    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc


    People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:




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  • franklin
    07-20 02:11 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself



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    08-21 10:36 AM
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  • arjun007
    01-26 12:53 PM
    H1B Stamping in Halifax Canada (only for revalidation)

    If this is your first H1 do not book your appointment. I had my H1 from my first company and I was going for the stamp for my third company.

    -Appointment
    I Scheduled the appointment on the website. While scheduling it the page for entering the I-797 information (notice date, receipt date, receipt number) did not show up. But a few days before the appointment I logged in again to my account with the passport number and reference number, this page showed up and I entered the information. It is important to fill out this information and DS 156 online.
    I would suggest filling up a sample DS-156 offline and after reviewing it filling it up online. You should get 3 pages for the DS 156 and 2 of them have a barcode.
    *Do not glue the 2x2 photograph on the form.
    *Also do not leave any blank spaces (.... write NA)

    At the airport

    As soon as I got out of the immigration at Halifax, a few yards down the airport lounge I saw the Travelex foreign exchange and converted a few us dollars. there is a 7 $ fee for every transaction. If you have somebody with you, I would recommend both of you to do the transaction in one go. I recommend not taking a cab to the city. It costs 54 Canadan $. There is a shuttle service managed by AIRPORTER. Its 18 $ per person. Book your ticket in the airport terminal itself. Ask the driver to drop you at Delta Halifax (Hotel).

    -Scotia Bank
    Once you get down at Delta Halifax you will see the Scotia Bank Sign. Get into the building. The bank is in this building (Scotia Mall) right behind a fountain.
    Deposit the money and get the deposit slips stamped. I converted another 50 US $ for a 2 $ fee ( Cheaper than the airport). The food court is next to the bank. I ate at TASTE OF INDIA, but I would recommend the Chicken kabob platter at the Lebanese joint. After lunch I walked all the way through the skywalk to the PURDY WHARFS TOWER 2, behind the Casino, to check out the consulate, so that I do not have to struggle the next day to find it. The security at the reception area called a cab for us to my Dartmouth motel.

    -Stay
    I booked a motel (air+hotel package on ORBITZ) in Darthmouth, Nova Scotia (Comfort Inn, 456 Windmill rd) $ 72 per night for a 2 bed room. Its 20 minutes away from the city. 14 $ by cab. You can also take the bus number 51 (2$ coins only) right across the motel to the place called Bridge (it literally takes you to the bridge which connects Dartmouth and Halifax city). Remember to take the transfer stub and change the bus. Most of the buses from the bridge go to the Scotia Mall in Halifax. We travelled by bus for most of the day. It was very cold. January and temperature were around -20 C. There is a Chinese restaurant and a Pizza/Sub place right across the Motel. Also the Bridge area has a few places like Wendy's.

    -day of the interview
    My appt was at 9:30 , I was there by 8. They took me in. Gave me a list of documents to be kept ready (I was missing the travel itenary, fortunately my friend who was travelling with me had an extra copy). The security guy checks the documents and gives you a stub for the passport. Keep this stub safely, you have to show it the next day to get back your passport. (Its cool even if you lose it.The security guy is very freindly. He remembers people. A few had lost it, but no issue)

    questions
    - how long you have been in US
    - what degree (Masters or Bachelors)
    - how long with this company
    - why did you leave the first company
    - why did you leave the second company
    - when did you leave the company

    She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.

    After the interview we went back to the scotia mall, had lebonese food, took a bus number 1 to the park lane mall ( you could also walk) and watched an awesome movie (Kite Runner)

    Next Tense day
    This was friday, my flight was at 6:15 pm. The US immigration closes at 5:30, so I had to be back to the airport at the most by 5:15 pm.
    I was at the consulate at 2:50 pm. I security guy let us in. Has a small chat with us. Said only a few passports are ready. unfortunate none of them were ours. We waited till 3:15 pm but the passports werent ready. There were 7 of us , only 2 were H1B. He asked us to come back at 4:30 pm, if not by then he ased us to enjoy our weekend at Halifax !! We went back to the Scotia mall, ate some more, came back at 4:00, clock was ticking...all 7 of us were there by 4:30 pm. All were very tensed, they had booked their tickets like us. 4:45 nothing yet....4:56 I got my passport, 4:59 my friends got my passport. We ran down to the reception, the security called a cab,
    All of us had got the Passports. The Taxi driver (Indian) drove like crazy to get us to the airport. It was rush hour and the Bridge is packed. The most amazing driving I have seen. We got to the airport at 5:30 pm, but they didnt let us check in as the Immigration was closed. I paid 200$ for 2 if us to rebook the next available flight next morning and stayed the whole night at the airport.
    -

    Hope this information was useful. Too detail, but I was in the mood of writing after watching Kite Runner. Do watch it !



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  • chanduv23
    09-29 02:05 PM
    I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?

    RFE - "We have sent a letter requesting further information ......."

    NOID - Usually no message - atleast in my case (only soft LUD)

    When you respond - The status is "Response received case reopened ......."




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  • my2cents
    08-05 11:36 AM
    Time and again - there are confilicting opinion from attorneys.

    My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.

    People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.

    If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.

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  • vroapp
    08-07 08:05 AM
    I'm afraid I can't help you with your application but Congrats! on getting married, i.e... :-)




    GCVictim
    10-14 04:57 PM
    It is not necessary approve before you leave this country. You can leave before they make decision. But you can not return USA using expired AP.

    http://immigrationvoice.org/forum/showthread.php?t=21855



    You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.

    Other option you have H1B stamping if you are maintaining H1B. thanks




    wliu9898
    08-23 05:29 PM
    I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!



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