Sunday, June 12, 2011

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  • Munna Bhai
    07-12 07:51 AM
    Hello,

    Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.

    Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.

    a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?

    b)What are the other backup plans we can have.

    thanks for your time.

    -M




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  • tammigaw
    02-06 03:35 PM
    All,

    i am new member of this community . I greatly appreciate the effort that IV is putting forward to address immgration issue .


    I got my green card recently and now i want to leave a blood sucking employer whom i work as independent Contractor after i got my EAD for 3years .Because of his torture of not paying me on time and defaulting some payments and constant harassments i called to quit .

    Now i got an offer from a client to join as full time . Now he is threating me with some non compete clause which is redundant , when i signed he said that i cant join his competition .Now he is saying that i cant join with the client as well and threating to pursue legally against me.

    i have lot of money at stake. Gurus i greatly appreciate if any one can throw some light in this area and possibly provide me any Lawyers in NJ area .

    I apolosize for posting this non relevant issue .




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  • asiandude2
    05-17 10:12 PM
    Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:

    (b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

    (1) by striking ``or'' at the end of subclause (I);

    (2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and

    (3) by adding at the end the following:

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:

    (I) is a member of the teaching profession, or
    (II) has exceptional ability in the sciences or the arts.


    If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.




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  • somegchuh
    06-11 12:49 PM
    I assume you mean "Be prepared for some grilling ....".
    I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

    For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.



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  • cgs
    03-15 08:10 AM
    Can you explain?

    And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)




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  • Raj2006
    06-04 10:07 AM
    lawyer paper filed april 15th
    receipt received april 27th
    received date april 16th receipt date april 26th

    last soft LUD April 30th

    no fp notice or anything since

    called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change

    seems like CSC is slow compared TSC. I dont think they issue FP notice for paper filing. There were lot of applications received by CSC in feb..i think thats what is causing the delay. please keep us updated with your status.



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  • javaconsultant
    03-28 01:55 PM
    This would be a very welcome change ..........

    Lets go for it.....I was watching yesterday's bill and could not find this
    provision...Correct me if I am wrong....

    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.




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  • nk2
    09-22 02:43 PM
    Made a contribution today and also made 1 member



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  • glus
    10-19 08:18 AM
    What do the people in the following circumstance do:

    1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??

    2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?

    Hi:
    According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.

    Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.




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  • jnraajan
    04-08 04:48 PM
    Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.

    When you try to restrict by country or Country of charge, it doesnt bring back any results.

    Also, if you try to sory by priority date, the sorting doesnt seem to work.
    =======================

    Please keep sending all bugs and requested features in a PM.

    A few people are leading this effort and collecting the bugs and new features
    Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better

    Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.

    Admins go through users with most red dots occasionally
    - Admin

    =====================



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  • ddanait
    02-08 03:45 PM
    Yes.. I was one of them..




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  • Dhundhun
    03-19 12:11 AM
    I am also thinking on same line. I requested lawyer to provide me details.
    Hi guys,

    My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.

    To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.

    So,
    I am going to apply for a tax filing extension (which gives me 6 mths)
    Simultaneously, I am going to apply for her EAD
    Hopefully EAD takes 4 mths
    Then I will apply for SSN
    and then file our taxes with both our SSNs
    hopefully, we get our economic stimulus after that.

    Does this sound reasonable? or is there any other way I can do this?

    Thanks.

    Good luck to everybody.



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  • ameryki
    01-02 04:10 PM
    You can use your h1b to work after returning to US on AP.


    I believe that H1 is valid as long as you are with the same employer but once you switch employers thats a no deal.




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  • eilsoe
    10-03 12:14 PM
    yeah, check my post "What grids can look like" in the "Drawing and design" threads...

    THAT looks weird... notice how the grid pattern fits perfectly with a mosaic render...! :)



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  • nixstor
    08-30 12:59 PM
    perm2gc,

    Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.




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  • sathyaraj
    11-15 05:04 PM
    I meant the same, they will ask only for your current employer paystubs and RFEs not the future employer. but if there is substantial difference in wages then there could be some potential problems. This is to asses your intentions whether you will continue to work with the same job as mentioned in ur LC.

    No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.



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  • eeezzz
    03-06 02:34 PM
    I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
    The words in red and bold is the right direction for a solution.
    When there's a "NOT" in front of it, it is no longer a correct direction.




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  • jg888
    07-20 10:06 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?




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  • what_now
    06-03 06:09 PM
    to Phoenix lockbox 4/12. It was sent to CSC. I got my card approved 5/26. Got Card on 6/3.
    My wife case though still pending at CSC.:confused:




    Ann Ruben
    07-20 07:03 AM
    The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.




    kams
    01-10 11:08 AM
    I-140 applied May 2007, EB-2 Nebraska. Approved Jan 8, 2008.



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