Thursday, June 9, 2011

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  • abdulazeez77
    08-14 04:16 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.


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  • h1bjava
    03-20 02:08 PM
    Hi Coolpal,

    Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.


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  • Gravitation
    04-09 05:00 AM,8599,1607940,00.html

    President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.

    Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.

    But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.

    Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.

    Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.

    Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�

    It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
    For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.

    At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.

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  • pmgthj
    03-13 09:53 PM
    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...


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  • zoooom
    10-25 10:04 PM
    Hi There,
    My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b) that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.

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  • veni001
    02-03 11:16 AM
    Defensive post :)

    What makes you think I am suspecting the content in that article? ;)

    I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.

    if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!


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  • pxkuma
    04-07 08:20 PM
    There is absolutely no reason to fear. I also work for a TARP recipient. In January, I received a 3 year extension beyond the 6th year.

    I went to Toronto last week for my H1B stamping. At no point of time, did anyone ask about TARP or any ramifications related to it. All talk of no H1B extensions beyond 6 years is absolutely false. Also, I can't imagine the BofA case rejection to be true either.

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  • bbenhill
    10-12 06:20 PM
    Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

    Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

    I found this confusing, here are the questions :
    1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
    2. which one that I need to surrender ? is it from airport or H1B approval ?

    Please advice ... I am really confuse with this immigration things ..


    You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...


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  • getta05
    03-27 10:09 AM
    I have an EAD and am in the process of buying a business.
    How long do I have to wait in order to apply for GC?

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  • Cheran
    02-26 10:00 AM
    I am not sure, whether she can continue her studies on F1 without getting stamped. There are conflicting reports all over the web. I have 2 family members who are students and they are in H4. Both wanted to convert to F1 but they were informed that they should get it stamped. I think you get SSN and all those fun stuff in F1 which you don't in H4. Do analyze before you act.


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  • Prashanthi
    05-12 03:03 PM
    I would not worry about it at this point, this seems to be an internal matter, cases are often transferred to other service centers for speedy processing, sometimes it could be an error also, whatever this might be, this is not something you have control over. If the I-140 becomes overdue you should have your employer call or write to the service center.

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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.


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  • asdfgh
    11-28 12:02 AM
    I had LUD on I-140 on 11/25 as well. 140 was approved late last year.

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  • sunny1000
    01-15 01:14 AM
    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?

    It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.

    If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).

    This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).


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  • whattodo21
    01-06 11:59 AM
    Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?

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  • HarishM
    09-21 04:06 PM

    I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
    I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.

    With all this retrogression its really confusing and frustating to understand...
    I appreciate your help.



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    04-07 11:49 AM

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.


    Which state you are in?

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  • conchshell
    08-23 02:58 AM
    Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card

    NSC. BTW I too has a soft LUD on August 20th. I am sure you wil get it next day or two.

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  • H1Girl
    08-31 10:56 PM
    Hey H1Girl, kriskris did not use the word "ATTRONEY".

    ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
    ATTRONEY - Word yet to be invented/discovered in english.

    Looks like you don't have any other work except finding typos on other's posts...Anyway, good catch...

    Please help the above guy if you can and try not to deviate the post...

    11-13 06:09 PM
    So just to have the last word you somehow went in deleted all the following posts after your post? Good going!

    No, my dear, I did not delete anything! Mr.Pappu maybe?
    Alright, now you have to answer again to get the last word!
    Hurry up before the censorship deletes everything (they must be tired of us)!:) :)

    February 26th, 2004, 10:24 PM

    I was a big fan of PhotoSig when I discovered it about a year ago.. I loved to look through others photos and also share some to have critiqued.. Here's my old user page over there:

    My photosig page (

    I haven't updated this in about a year. I'd love to see something like that over here.. I just haven't found the galleries as easy to look through as I did over there.. I actually quit going there when they changed the system and the overkill of nudes that were just distasteful.

    -- Matt

    If every member critiques 5 photos a week, in no time, all photos will have comments.

    I don't know about you, but I love comments, good or bad about my photos...

    many help me to focus efforts and make better images...


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