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Thursday, June 9, 2011

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  • coolguy972
    02-07 01:45 AM
    We legals who are waiting in line have another setback with news like below

    Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)

    last week we heard about Trivalley.

    eb-3 -> eb2 seems like a minuscule problem now.

    We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.

    If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.





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  • mita
    11-14 03:15 PM
    I applied online for EAD on 10/23, no finger priting notice yet was asked to wait 30 days to enquire about it. All materials sent to NSC as mentioned, my I-485 is pending at TSC. Did anyone go through the same delay?
    that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)





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  • fromnaija
    08-18 04:46 PM
    I could find this useful. I am in my 6th year expiring June 1, 2007. My employers are just about to file LC, so I guess being able to process I140 by premium will enable me file for a three year extension before my current stay expires.





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  • butterchicken
    04-28 02:10 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.



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  • theMan
    01-11 03:30 PM
    desitechie has already provided a sound answer. That said, EAD/H1 shouldn't be much of a difference for normal situations. Yes, you will lose the ability to reenter the US when traveling internationally without going through secondary inspection, but that additional time is negligible in the big scheme of things.
    As for AC21, my take is don't bother unless you get an RFE. No harm in sending in upfront either.
    Your entry status will be AOS, when you use AP.
    Good luck for your new job.





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  • vvpandya
    11-06 05:46 PM
    I had a LUD on 10/18 and then today the online status says Document mailed to applicant..recvd date at nebraska is 7/2 and recpt date is 9/11



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  • manishs7
    06-11 07:19 PM
    This is causing confusion.......





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  • pappu
    03-09 11:31 AM
    Congrats and thank you for your contributions. Do visit IV to continue your support and offer answers to members. We want more GC members so that in the coming future we can launch an effort on items that help in citizenship. For example, time for citizenship be counted from the date of I140 approval. There can be others if we have more GC members and we all brainstorm on ideas.



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  • zerosine
    06-25 02:59 PM
    Thank you all for your responses.

    Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?

    Shatunup, what's a CIR? I'm intrigued....

    I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.

    I have a new passport but without the visa and entry stamp it doesn't really help!

    Thanks again - by the way I'm a she :o





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  • teky
    03-25 11:31 PM
    You can use follow to join to allow your wife to get an EAD after she finishes her waiver (If you have a GC by then and your PD is current). I am not sure if she can immediately file after her waiver. Any gurus please reply. Signing another contract in a waiver location is painful (after initial contract pf 3 yrs is over). Also if anybody can reply on how much time we can stay legally after the initial 3 years.

    As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.

    Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.

    Regards,

    Teky.



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  • leo2606
    12-10 08:31 AM
    How in the world the US immigration folks will allow any one with out an AP?
    What is this question? You must be kidding.

    Hi,
    We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
    She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?

    Thanks!





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  • morchu
    05-08 05:39 PM
    Medicals expire in 1 yr. Also the requirements might have changed.
    Can I ask the doctor to re-send the I-693 form?



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  • nashim
    08-11 11:23 AM
    same here, dec 04





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  • $eeGrEeN
    09-10 12:45 PM
    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS

    u may be right , Although the bill H.5882 hopes to remove the last item on ur list.



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  • 485InDreams
    09-28 09:38 AM
    Though he can sue you...there are more chances he won't do that ...it would be collateral.....

    As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
    1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
    2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
    3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...

    Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....

    rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...

    he will threaten you...but he won't do anything...he knows its waste of money for him ....

    Best of luck...





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  • sunshine2007
    08-27 04:57 PM
    Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.

    thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?



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  • meridiani.planum
    11-26 01:18 PM
    Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
    2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.

    I am not sure we can do this.

    I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?





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  • reddog
    11-18 08:42 PM
    To be totally at peace, you can send an invitation letter and ask them to carry a printout of the letter.





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  • obviously
    05-08 11:08 PM
    Your post deserves to be deleted. You seem to lose sight of the real issue and instead resort to preaching from the relative anonymity of your digital pulpit. There are families that are worse off for having ITIN and unable to get an economic stimulus check that is intended to help kick start the economy NOW. Preaching that they can submit an ammended return sometime in the future is a moot point. Catch the irony? Economic stimulus is to help the economy now. Now. Now. Let's try that 3 more times.





    maristella61
    04-19 05:20 PM
    this will be approval notice of your H1-B or H1-B extension. Ask your lawyer again what letter he is talking about.

    He is talking about the original first letter of approval , not an extension





    vnsriv
    08-31 12:58 PM
    http://immigrationvoice.org/forum/showthread.php?t=5706&page=2



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