Sunday, June 12, 2011

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  • vactorboy29
    02-19 06:01 PM
    Vivek Dude, I don't know about that...

    After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...

    For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...

    AP - Is for travel purpose,no connection to your work status in US.
    EAD - is your work status .If you use it your H1b is envalid.





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  • StuckInTheMuck
    04-28 06:40 PM
    Pretty interesting ... usually you see such writeups for developed countries... I am happily amazed to see India taking such steps... Mera Bharat Mahan!
    Traditionally there used to be, and still is, a high degree of correlation between the so-called "hunger map" and the map of disease "hotspots", the idea being that most common infections originate in areas of low sanitation and poverty, and they are unlikely to be found in rich countries (malaria and cholera continue to infect, and kill, millions in India and Africa, but are non-existent in USA and most of Europe). Even the recent bird flu hotspots are confined mostly in Asia. In this sense, swine flu seems to have turned this perception on its head, at least for now, and countries like USA, CANADA, and some in Europe suddenly find themselves somewhat "untouchable" (to be fair, USA is guilty only by association, by sharing border with Mexico, the genuine swine flu hotspot).





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  • beppenyc
    02-04 08:05 AM
    ALAN CHOATE AND TYLER PETERSON - Daily Herald
    Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.

    The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.

    U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.

    He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.

    "That should be done by, I hope, the end of April," Cannon said.

    His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.

    "The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."

    His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.

    Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?

    Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.

    He said the will in the U.S. House is to give states more discretion





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  • shana04
    02-01 10:42 AM
    Friends / Gurus,

    I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.

    I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.

    My situation:

    This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)

    Working for Employer A and he applied for labor, I 140 and he paid for it.
    Then July 2007 came in and applied for 485 with same attorney - I paid for it.

    Now comes AC21,
    changing to employer B using H1B transfer.

    My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)

    Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.

    Your suggestion:
    1. Stack back with old attorney
    2. Stack back with old attorney, unless I get any RFE (hope not)
    3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.

    Please give me your valuable opinion / suggestion. And select your option.

    Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.

    Thanking you in advance.



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  • Jimi_Hendrix
    11-17 12:51 AM
    On passing of the nuclear deal. As you all must have read from the immigration voice newsletter, once the nuclear deal is through we will get renewed support from the Indian American caucus on our legal immigration reform needs.

    Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)





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  • txh1b
    04-14 06:46 PM
    Paper filing is best. AP got approved in 40 days from NSC.



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  • swethanjit
    07-24 11:18 PM
    Thank you for the clarification!

    Also, is it possible to cancel / withdraw my H1-B with company X, so that I can continue to work with my OPT with company Y. (Checking this option as I am not sure if company Y will be willing to sponsor for my H1-B).

    Regards,
    Swetha.





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  • AGC4ME
    01-12 07:05 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.



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  • nath.exists
    11-02 11:41 PM
    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
    6.)Does she also have to do MS to use cross chargeability and file in EB-2





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  • sanju
    04-19 10:59 PM
    can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?

    Googling around, and am not able to find anything...


    Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".

    Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.

    Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.

    This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.

    Hope this answers your question.



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  • raysaikat
    07-29 08:32 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.

    They need reentry permit. This page may be helpful:

    http://www.hooyou.com/i-485/MaintainlegalPRS.html





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  • ronhira
    09-14 08:35 AM
    there is no comparision between backlogs and holocaust....

    a sign of a week mind is that he shall see his own life much difficult, believing that all others had it the easy way....



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  • whiteStallion
    03-04 07:52 PM
    You can also expand your family .


    This is the best advice I've seen :p:p:p





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  • authrd
    07-26 02:31 PM
    superdude,

    I did change the title. I apologise about the original title which i accept was ambiguous.

    however, I was not making any assumption.

    if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"



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  • cucubau
    10-17 03:39 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Assuming I filed for I-485 before the retrogression mess.

    Thanks!





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  • mallickarjunreddy
    07-05 04:43 PM
    labor Substitution ....Heloooo!!!!

    Hey its give and take rite , if he bought the labor and or abused the system
    it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank



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  • peer123
    07-18 07:36 PM
    just bumping it up......





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  • pointlesswait
    09-26 12:42 PM
    i dont think changing lawyers will prevnt USCIS from auditing/reviewing your case... but will your lawyer release all the required documents to your new lawyer.???

    anyway best of luck!

    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.





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  • superdude
    07-19 01:18 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help

    It is avery common address. Track the shipment via SedEx, It will be delivered.





    waitnwatch
    07-25 04:26 PM
    I'm addressing the last part of your question about the cost of applying for H4. The form is pretty simple so you can do it yourself. Just ensure that you have attached copies of all required documents. The instructions to the form will guide you through the process.





    pappu
    08-05 01:30 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)



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