3 Temmuz 2011 Pazar

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  • sam_hoosier
    01-19 03:51 PM
    Technically, it is the date when LC application is received by USCIS. Most of the time, it is the same as filing date but not always.

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  • smuggymba
    12-18 08:31 AM
    Cap on skilled immigration unlawful: UK court - World News - IBNLive (http://ibnlive.in.com/news/cap-on-skilled-immigration-unlawful-uk-court/137822-2.html?from=tn)

    London: A temporary cap on the number of skilled workers from India and other countries outside the European Union was introduced in June 'unlawfully', the High Court ruled on Friday.

    Home Secretary Theresa May had introduced the cap as an interim measure before a permanent cap to be in place from April 2011. It was challenged on the ground that ministers had 'sidestepped' parliamentary scrutiny before announcing the
    temporary cap.

    The legal challenge to the cap of 24,100 until April 2011 was brought by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association, and was upheld by judges on Friday.

    The Home Office said this did not imperil its flagship immigration policy but the opposition Labour said the police it was in "chaos" after the court ruling.
    The ruling has nullified the current temporary cap, meaning it is no longer in force.
    The cap was one of the first measures of the coalition government that promised to bring down immigrations from hundreds of thousands every year to 'tens of thousands.
    In today's ruling, Lord Justice Sullivan and Justice Burton concluded that the home secretary had not gone through the proper parliamentary procedures before implementing the cap, which took effect without a vote in Parliament.

    The judges said: "The secretary of state made no secret of her intentions. There can be no doubt that she was attempting to side-step provisions for Parliamentary scrutiny set up under provisions of the 1971 Immigration Act and her attempt was for that reason unlawful." As a result, it said no lawful limits were now in place for Tier One and Tier Two applicants from abroad. The Home Office said it was still "firmly committed" to reducing levels of net migration. "I am disappointed with today's verdict," Immigration minister Damian Green said, adding: "We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place".

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  • priderock
    05-08 04:40 PM

    I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?

    I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.

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  • martinvisalaw
    07-13 02:40 PM
    It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.


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  • permfiling
    09-28 04:34 PM
    Myself and my wife walked into the ASC today. The officer in the front mentioned "are you coming in early" we said yes and then he said u need to fill out the forms etc so we got it done today. I persume since the finger prints are scanned and notified to USCIS so I don't have to send to the service center

    I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.

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  • mdcowboy
    05-06 06:54 PM
    Yeah.. things are not good at all here now!!! and Everywhere soon ???

    Daily Job Cuts - Layoff News , Job Layoffs 2010 / 2009 , Bankruptcy, Store closings and other Business Economy News (http://dailyjobcuts.com/)

    Already we know how schools are here I mean how they teach and on top of this I see lot of Layoffs and in Schools and closing of schools everywhere across country, dont know where it will lead to further, with all these BIG DROPS in Wall St.

    Next will be Jobs Reports and Foreclosure Reports along with Greece / Europe Problems.

    It will be fun !!! will go back 25 yrs ???

    proclaiming that the recession is over! :mad:


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  • nixstor
    09-02 05:45 PM
    Great! Thanks for updating every one.

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  • paskal
    05-29 10:48 AM
    they are decreasing from 140,000 to 90,0000....

    note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.

    only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
    so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)

    i put up a detailed calculation for this earlier on somewhere
    search for it if you are really interested.


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  • kirupa
    04-08 02:19 AM
    it's ok - I already changed the stamp template for all of the entries that have been submitted: http://www.kirupa.com/lab/kirupaStamps.htm It wouldn't be fair for me to give you guys more work because of a slight oversight on my part ;)

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  • prasadn
    02-04 05:10 PM
    I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.

    My question is, will they ask for EAD upon re-entry.

    I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?

    Any advice is appreciated.

    Use the same application procedure as though applying for a new EAD, but make sure you check the box where it says "replacement of lost EAD". Also, write a cover letter explaining that you need a replacement EAD. I had to go thru this just a couple of months ago and USCIS reissued the EAD within a month.


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  • wandmaker
    08-24 11:45 PM
    A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
    Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
    Since he is born in India so reluctant to file under EB-2 due to endless wait.

    Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.

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  • houston2005
    08-08 02:11 PM
    I and my family have to travel to India urgently due to medical urgency. Our only AP document was taken last year and this year the renewal is not yet done. We are using our EAD status and H1 is expired and no longer available.

    Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.

    If this question has been answered earlier, can someone point to the right source.

    Thanks in advance.


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  • roseball
    02-28 02:16 AM
    Thanks for the reply roseball. My question is the new I-94 number that I got with I-797 does not match with what was given at POE but it matches with my husband's old I-94 (which is because of the error when applying).

    Is this something we need to apply for correction to match with my old I-94 number which was given at POE?

    Yes, you need to get it corrected or just simply re-enter the country which will get you a new I-94.

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  • kaisersose
    08-06 03:37 PM
    Given the volume of questions o this topic, we can do a FAQ on this.

    PM me if you think that is a good idea and we will work on it.


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  • glus
    09-14 02:18 PM
    That is correct. If you are married and over 21, they can't apply unless they are U.S. Citizens. But then, you will be under FB 3rd category which means a very long wait.

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  • kartikiran
    06-18 01:01 PM
    I see a lot of members being more passive.

    What we would like to do is, if you an idea we are willing to listen. Before that, we would also like to share in this "Meet & Greet" event what IV has done so far and its accomplishments.

    Lot of members proably look at IV as a forum where just threads are being created to discuss their problems.

    But IV is not a just a web-site. IV has more out-reaching efforts to resolve the problem of backlog of employment-based green cards.

    If you are from Long Island and you feel you would like to do something to resolve this immigration crisis, align yourself in this thread.

    I hope more smaller "meet & greet" is the only way to lead ourselves to the "BIG RALLY" / "BIG INTIATIVE" what everyone wants. Without grassroots effort, a RALLY or any other BIG INITIATIVE is not going to happen.

    We can only look at EADs for two years or Advance Parole cards come in package with the EAD without grassroot efforts. But if you want to bypass all these smaller incentives and look at the end result of getting your green cards, join your state chapters.


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  • shruthii_1210@yahoo.com
    10-09 04:42 PM
    That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.

    IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?

    I dont even have the receipt number.

    my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?

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  • vinzak
    11-10 03:47 PM
    Sorry, couldn't help but ham some more....

    yeh case hindustan(aur china) ke kamzor aur sataaye logon ka hai...aaj unke nazarein aap par hai.. aap par, ke aap unko kya dete hain...GC yaa TAREEKH? :)

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  • a_yaja
    03-02 09:09 AM
    Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
    Hope this helps!!

    My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.

    12-06 11:07 AM
    My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?

    My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?

    Please let me know your suggestion.

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    08-16 07:41 AM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.

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