суббота, 11 июня 2011 г.

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  • rally
    07-19 10:23 AM
    Could you please comment on the above?


    Thanks




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  • tabletpc
    04-06 07:59 AM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks




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  • raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj




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  • Gator
    04-28 09:04 PM
    Hi-

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

    Thanks



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  • Legal
    08-15 08:13 AM
    USCIS is fishing form I485 application pool, in approvable cases, 2006 cases are nearest and an easy catch.

    the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.

    To top it all there is total disconnect between TSC and NSC.




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  • up_guy
    08-27 12:26 PM
    I am using AC21 and moving on
    My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.

    Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option

    As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B

    If I follow my lawyer, will I lose something ?
    Had anyone had experience like this before..
    I need second opinion from guru who have actual experince..

    thanks for your inputs



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  • sreekanth
    10-02 07:01 PM
    I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
    We too should be pro-active in campaigning to media about our valid cause.

    I just sent the following E-mail to the Information Week Editors.
    Sub:Your help requested for Skilled IT wokers to get their greencards
    Dear Mr.McGee,

    I had a chance to read your article about the issues
    faced due to the H1B caps and the Greencard
    Retrogression.("Time Is Running Out For H-1B Visa Cap
    To Be Raised--Or Is It?"-Information
    Week,Dt:06-Sep-06)

    Thanks much for your insight about the SKILL bill.

    It would be of great help if you could write more
    Articles about the retrogression issues. Thousands of
    unfortunate skilled workers like me have been caught
    in the 'Retrogression' black hole and there is no
    relief is visible in any near future.I have been
    waiting for more than 5 years for my green card in
    vain. We are in a state of limbo and are almost
    similar to bonded laborers since our professional
    mobility is very much limited.

    People talk so much about the CIR and Illegal aliens
    but very few people even know about the plight of the
    LEGAL SKILLED workers.The retrogression has not only
    affected my immediate future but it has also
    negatively impacted the future of family/kids as well.


    Our final hope is residing on the SKILL Bill and we
    pray that it will be some how be passed in the
    lame-duck session as you mentioned in your article.
    Hundreds of Skilled workers like me have given up hope
    already and are returning to their countries or are
    looking for opportunities in other countries like
    Canada etc. This also is having a significant negative
    impact on US economy.

    Just to give an example: Atleast 100,000 Skilled
    workers are holding off the decision to buy a house
    since they are not sure about their future here in US.
    This amounts approximately to $30,000,000,000 (100000
    X $300,000) inflow of money that could give a big
    boost to the declining US Housing market.

    It is sad to see that so many experienced LEGAL people
    leaving this country due to immigration caps.

    I kindly request you to publish a cover story on this
    serious issue before the lame-duck session. I am sure
    your words will have a big impact on the CEO's and
    CIO's who in turn can lobby among the senators for our
    cause.

    Thanks again for your help so far.
    Regards,
    Sreekanth




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  • boreal
    06-07 12:43 PM
    Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.

    I dont like to give them publicity either but i think they cant be brushed off...many many activits there that participate in action items...for eg. look at the number of emails sent to the poor editor that bashed the founder...pretty enthusiastic outburst i would say! 'useless' term can be applied to their activity though..bunch of xenophobic losers targeting poor illegal and not-so-poor legal would-be immigrants and trying to spread false stories...Imagine, once they get wind of this bill, all they would focus is on the word 'exemption' and someone would come up with a cooked number, say a million or so green-cards increase per year and you know where this bill will end up after that.....all too familiar...



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  • ragz4u
    03-08 09:48 PM
    There is no posted transcript yet on the Website - how did it go?

    As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all

    This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html


    DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.

    By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.

    All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.

    SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.

    DOBBS: Senator, you're in markup. How did it go today? Are you near completion?

    SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.

    DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?

    SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.

    I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.

    And if they want to become citizens, to go through the processes which comport with the law.

    DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.

    They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.

    How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.

    Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.

    We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.

    DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.

    SPECTER: Sure.

    DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.

    SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.

    DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.




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  • h4_optimist
    05-07 12:33 PM
    guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.



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  • wandmaker
    11-27 08:06 AM
    ultimate_champ: If your receipt notice's "receipt date" has August 03, 2007 then you can avail AC21 after 180 days from that date. I guess, your attorney is trying to play it safe or playing with you.




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  • tabletpc
    11-20 01:59 PM
    RK, Just HDFC is fine..!!!

    Also in my appointment letter the state of residense says "Tamil Nadu"...but I am from Karnataka. Nowhere in the form I did not mentioned anything about tamil nadu except that I requested the interview to be in Chennai...as that is where I need to go for stamping.

    is this fine or should the state of residence be Karnataka...???

    Thanks



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  • validIV
    03-24 12:51 PM
    Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.

    How long have you been unemployed?




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  • skynet2500
    11-19 02:45 PM
    Gurus, can you please let me know your opinion on the below item? thanks a lot.

    I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?



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  • h_shaik
    08-09 01:43 PM
    As Per my knowledge it is not nessesary that all approved I140's will have a A#.

    Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.

    Regards.

    it's the A# in your 140 approved petitioin.
    Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.




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  • reddog
    09-28 09:48 AM
    Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
    At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
    3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
    That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.



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  • gcseeker2002
    11-05 01:08 PM
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  • new_horizon
    03-12 05:12 PM
    Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.



    refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
    Also, refiling could be required if your job categories are changing. from technical to managerial or so.




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  • sanjay02
    08-17 02:31 PM
    Hi bsnf

    Are you the primary applicant?




    Pagal
    12-09 07:55 PM
    Hello,

    :) Just a clarification around job requirements:

    GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.

    If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.

    PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!! :)




    InTheMoment
    10-07 02:11 PM
    Yes, definitely update the I-9. Also as rockstart suggested you are now in AoS status or in legalese - "Period of Stay Authorized by the Secretary of Homeland Security".

    Also note there is nothing such as as dual H1-B and AoS status at any time.



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