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  • JeffDG
    03-30 11:41 AM
    I initially voted in favour of this, but on further reflection, I think this is bad policy and urge others to not support this.

    Giving I-485 benefits to people without current PDs is a bad idea. It creates a class of immigrants who are neither non-immigrant visa holders (h1b) nor are they lawful permanent residents (i-551) with a set of rights that falls into neither category. The AoS pending status is intended as a short-duration temporary "gap" coverage for people who are a matter of months from having actual I-551 rights.

    Essentially, this proposal aims to make every month into the July 2007 fiasco. In addition, and this is the truly horrible part of it, relieves US employers of the pressure and costs they feel now, extending H1Bs every 3 years. That means that the only allies that legal EB immigrants have (US Employers who require their services) are detached from the immigrants themselves...they no longer have a dog in the hunt, and will stop whatever pressure they are bringing to bear now upon Congresscritters and Senators to increase the number of EB visas available.

    Disconnecting the interests of foreign-national employees from their US employers will weaken the political position of the foreign-national employees. We cannot vote or contribute to campaigns, our employers however, can do both. If employees are shifted to EADs and APs, with no further involvement of employers in their immigration status needed, then those employers become disconnected from the process, and the one and only ally the legal immigrant has is no longer interested. That's a horrible thing for the immigrant to advocate.

    I strongly urge IV to back away from this proposal, as it is not in the long-term interests of the EB Immigrant community. I urge IV to instead focus their resources on items that will help immigrants long term, like increasing the number of EB visas available through initiatives like eliminating the DV program and allocating the visas to EB applicants.





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  • a_paradkar
    10-05 01:07 PM
    I heard from my collegue that if your company is doing Lay Off's, then your 485 processing stops automatically.

    is that true? can anybody confirm it.

    My PD is Aug 2005, I40 Approved and 485 was filed in Set 2005.

    Thanks





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  • gc28262
    02-06 04:29 PM
    Just need some suggestion:

    .................................

    so if i lose my job.. can i go to H4.. even though i have stayed here for more than 6 years..


    If you have never been on H4, you can be on H4 for another 6 years.

    H1B 6 year and H4 6 year have been decoupled. Please search murthy.com bulletins





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  • a1b2c3
    09-29 11:32 AM
    Hello IV members!!!!


    I have recently obtained 3 years of H1B extension because my I-140 is approved and priority date is not current.

    Soon after, I interviewed and managed to land multiple offers....! Got totally frustrated on the job front and waiting for PD to be current.

    Questions:
    1. Can I apply for multiple transfers at the same time?
    2. Is PD portable, assuming employer doesn't withdraw I-140?
    3. If I lose PD, can labor app be filed for me by the new company, say 6 months from now?

    In general, I'm very concerned and would appreciate any help. If you know of good immigration lawyers, available for consultation, pls direct me to the website.

    Thanks very much,
    a1b2c3



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  • wayne3alford
    07-30 07:21 AM
    There should be some action taken!!!!!!!





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  • mihird
    07-09 07:03 PM
    While we all sit and wait in this painful 485 retrogression, I am just wondering, what if the retrogression pulls on past the 3 year extension (attained after the initial 6 years and I140 approval).

    I have my perm LC/I140 approved/485 retrogressed with a PD of Feb 2006.
    Being EB2 and starting my 7/8/9 years in early 2007, I am a bit unlikely to hit that scenerio, but someone like me in EB3 is very likely to hit that scenerio...

    Does anyone know, what happens after 9 years on H1 and not able to file 485 due to retrogression??



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  • h1extkish
    10-05 10:35 PM
    Hi Gurus,

    Request your help on my query. I am on H1B with an I 797 valid upto 29-Jan-2011 and dependants have stamped H4 visas valid upto 29-Jan-2011. My company is in the process of applying for my H1B extension (this will be my second extension and i have currently completed 4 yrs 9 months in US).

    My dependants are planning to travel to India at the end of this month and plan to return back by end of Nov. Will they face any issues during their return at POE ?

    Will there be any complications with our visa extensions ?

    Appreciate your response at the earliest.

    Thanks,
    Kish





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  • Blog Feeds
    05-10 09:00 AM
    Julia Preston of the New York Times reports on a common problem that really should be a source of shame for our country - active duty soldiers who not only have to deal with the dangers of serving in a war zone, but also have to deal with the tremendous psychological strain of dealing with family members facing deportation. Lt. Kenneth Tenebro enlisted in the armed forces after the Sept. 11 terrorist attacks, signing up even before he became an American citizen. Lieutenant Tenebro during his tour of duty in Iraq in 2008. He served one tour of duty in...

    More... (http://blogs.ilw.com/gregsiskind/2010/05/immigration-worries-haunt-military-families.html)



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  • aadimanav
    06-23 03:12 PM
    http://www.dhs.gov/journal/leadership/2008/06/processing-questions.html





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  • HaveQuestions
    02-03 11:36 AM
    My H1B was refused under section 221(g) (petitioner is not able or willing to provide employment....) and case has reached USCIS for review. The lawyers however are asking me to travel on H4 and then convert to H1 in US and they say this can be done in 2 weeks. I am so very skeptical about this! How is this even possible?
    Their response is that i have an H1B from earlier quota, so i can get a new petition filed and start working on it once its approved.How come people dont do this if its valid?
    My questions if anybody can help me are
    1) Can i go on H4 visa without revoking my H1B petition which is under review with USCIS? Or will consulate ask me to revoke my H1B petition?
    2) If i go on H4, can i really get a COS to H1 in US i.e. not the April 2011 quota but in the already assigned quota and i can start working within a few days of approval?



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  • aerady
    10-23 04:20 PM
    I am on US since Apr 2003 on L1B and it expires on Jan 25 2008
    Last week my employer applied for L1A and it got approved. Approval notice says the new L1A visa is valid from Jan 26 2008 to Jan 26 2010(2 years)

    I am planning to travel to india on vacation at dec 2007 and come back to US on Jan 1 2008

    1) If I travel back to US on Jan 1 2008 without stamping L1A on passport, will the port of entry officer give I94 till Jan 26 2010 if I show the approved L1A I797 petition?

    2) If I stamp L1A from India, when stamping the new L1A, I assume they will cancel my current L1B and stamp L1A which is valid only from Jan 26 2008. Am I correct? Then I will not be able to travel on Jan 1st 2008 since I dont have a valid visa stamped on passport at that time!

    What to do ....Please help!





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  • buddhaas
    06-23 02:27 PM
    Work Visa Solution: H1B Visa, H1B Visa Sponsor, Visa Jobs, Green Card, Immigration Attorney | MyVisajobs.com (http://www.myvisajobs.com/)



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  • immiblues
    05-14 04:09 PM
    I am paranoid about losing my GC with me since I have on more than one occasion left misplaced my wallet, or left it at a restaurant, friends place, etc. Thankfully it has been returned to me with all contents intact and untouched every time. I do know that my luck will eventually run out so my question is this. Can I carry a photocopy of my GC instead and probably leave the original locked up in a firesafe at home? (I do not live in AZ, BTW)





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  • suttu
    03-09 11:21 PM
    I was recently added to xerox. send PM if you need anything specific.



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  • Atpugkeviv
    12-12 05:45 PM
    Dear Lawyer,
    I had filed I 485 in EB3 category in July 2007 and my priority date is November 2006. I want to start the process under EB2 category also. My organization is very big and will not bend any rules to accomodate anything. There is a job posted in my organization with the following requirements -
    Required Qualifications
    A Bachelor's degree or equivalent training in Business Administration, Health Service Administration, Mathematics, Project Management or Industrial Engineering.
    Five or more years of progressive experience in an exempt-level business analyst, project management or process improvement role.

    My question to you is whether this job requirement classify this job in EB 2 category? Thanks.





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  • headless_pnub
    08-18 05:23 AM
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  • sccarol
    03-03 09:34 PM
    Hi all,

    I am in a strange situation-- I have 2 different PDs.

    1) PDs on my I-140 is listed: June 30, 2005 (which became current as of 2/11/2011)
    2) I recently discovered a different PD listed on the Request for Initial Interview Notice (for my pending I-485). There is a Priority Date box on this notice letter, and date listed is Aug 16, 2007.

    Biometrics done Nov2007
    Initial Interview done June 2010
    FingerPrint done August 2010
    Currently on 3rd EAD
    Nationality is Taiwan
    Current status: AOS pending

    I am torn and confused because 2 PDs are 2 years apart. Does any one have the same issue like me? What should I do??? Which PD is the correct one I should go with?? Please help! Thank you so much in advance for your time.





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  • need_info
    01-23 12:37 PM
    Hi,

    I have my L1 Visa from X Company and I traveled to US for 2 months.
    I also have my H1B Visa from Y Company stamped in my passport.

    I am planning to enter US with my L1 Visa and then change my status to H1B after a month.

    1) If I get a job, can I change my status from L1 to H1 within a month? Is there any minimum period to work on L1 for change of status?
    2) Do I need the consent of my X Company for having the change of status to H1B done?
    3) What documents are required for the change of status? I will not have my pay stubs during my stay on L1 status, as I will be paid just the per diam.
    4) If I enter US with my H1B Visa and if I am deported to my Home country (because I just have 7 months) validity of my H1B (or) due to employer-employee relationship issue), can I still use my L1 Visa of my X Company to revisit US?

    Please advise.





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  • venumadhavb4u
    02-06 11:17 PM
    Hi,
    My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.

    My Question here is
    1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?

    2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.

    3) Can Some one suggest a good immigration Lawyer in San Diego?

    Thanks





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    07-08 12:01 PM
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    Blog Feeds
    04-28 09:20 AM
    The USCIS announced today, April 27, 2009, that it has received approxiamtely 45,000 H-1B petitions counting toward this fiscal year's general cap of 65,000. Therefore it will continue to accept H-1B petitions that are subject to the general cap.

    Then USCIS also announced that it has received approximately 20,000 H-1B petitions for aliens with U.S. advanced degrees subject to the 20,000 advanced degree cap. However, the USCIS says it will continue to accept additional advanced degree petitions because it knows from past experience that some number of the advance degree petitions are not approvable for any number of possible reasons.

    I will update this blog on the H-1B account as soon as the USCIS makes further announcements.



    More... (http://www.philadelphiaimmigrationlawyerblog.com/2009/04/h-1b_update_from_uscis_for_fy2010.html)