Tuesday, June 14, 2011

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  • dixie
    11-06 01:33 AM
    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?


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  • hsm2007
    09-20 08:36 PM
    Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.

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  • wikipedia_fan
    04-09 03:04 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.


    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.

    If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
    It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

    a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

    The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

    It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

    Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

    Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

    Please talk to an experienced immigration Attorney and they can explain all this stuff.

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  • thomachan72
    01-04 12:38 PM
    Will take a look once I get home today:):)


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  • alterego
    03-13 12:27 AM

    Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.

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  • ilikekilo
    04-12 06:48 PM
    Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??

    If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...


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  • gunabcd
    07-17 04:48 PM
    I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:

    Come on guys, we are in US not in Saudi Arabia. Such comments are made in US senate also. It's not illegal to say something like that. It was a good joke. With all due respect let me ask you, are "Highly skilled" not human being?

    Still I agree that such comments should not be made, because it could become a norm, and someone someday could really cross the boundry, which could create a problem for IV.

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  • gotgc?
    02-03 05:04 PM
    I have used my Canadian PR card for transit thru the UK while on AP. It was quite some time back though. The gate agent took a while to go thru my docs, but was satisfied and was allowed to board both ways. The verification obviously took a bit longer on the way back to the US, but nothing unusual. If I remember well, I did carry a copy of the transit rules with me in case there was any issue. My guess is you should be fine.

    Thanks for your reply...judt wanted to make sure, did you travel to and from USA? Where did they check your documents?when you mention gate agent, which gate agent it is? is it your departure airport staff or London Immigration? On the way back who did check these documents? I am planning to take the transit rules with me as well...please let me know


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  • bijualex29
    05-05 03:33 PM
    I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?

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  • bkam
    05-18 10:30 PM
    Every time when such "mistake" is made (honest mistake or on purpose), the core group and people who have been involved in the interview must react (faxes, letters, email) and stress that IV is international, not an ethnic group.

    This is important for our common goal.


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  • guru76
    11-27 12:42 AM
    I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.

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  • shaktiyshah
    06-09 06:52 PM
    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.



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  • Administrator2
    09-15 05:21 PM
    Last time CIR had sweet deal for Illegals ..
    Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

    For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.

    What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.

    IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.

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  • miguy
    04-18 08:37 AM
    Are companies hiring people on H1b for permanent jobs? I seem to have a tough time finding companies that sponsor H1b. I thought the Big 5 Consulting firms did not sponsor H1b or GC? But, it seems from this post that I was wrong. Can someone tell me what companies (Fortune 500) companies sponsor H1b/GC or is there a list I can get from somewhere.



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  • cableching
    07-18 06:14 PM
    USCIS Looks at I-94 you entered on the I-485 application.
    You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.

    That's the basis for them to track your status in US.

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  • Robert Kumar
    04-07 07:37 PM
    Agreed. just talk about Bulletin.

    please respect IV and ourselves by seriously sticking only to the topic of the discussion. It adds crediility to your posts,

    Thank You,


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  • Student with no hopes
    01-24 09:49 AM

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  • kurtz_wolfgang
    08-15 12:27 PM
    Please Help Gurus....:confused::confused::confused:

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  • arnet
    09-15 01:18 PM
    if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.

    but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.

    Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.

    07-23 12:50 PM
    If you are out of USA for a longer period, your I-485 will be in trouble. If you didn't come before AP expiration, your AOS will be abandoned. You cannot renew AP away from USA.

    You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.

    08-22 01:35 PM
    Hello Guys...,

    I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.


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